Legal Question in Real Estate Law in Ohio

Re: New House with Mold

Dear Inquirer: Mold may be a serious health problem. It is essential to evaluate the exact type of mold and the source. You should also have a professional take and preserve a smaple of the mold for litigation purposes, in the event that becomes necessary.

There are over 100,000 known species of mold; not all are toxic. Some people are far more susceptible than others. Toxic molds are defined as those, like stachybotrys, that create airborne toxic spores called mycotoxins that can, upon human inhalation of sufficient quantities, cause effects ranging from breathing difficulties to lung damage to neurological / brain damage. Young children, the elderly, asthmatics and allergics are more vulnerable to mycotoxins. One study links a 300-percent increase in asthma rates over the past 20 years to toxic molds, and another attributes to such diseases nearly 100 percent of chronic sinus infections.

Many of the more serious mold reactions afflict relatively few individuals with hyper-sensitivity to certain toxins, and human reactions vary widely, greatly complicating the gathering of scientific documentation needed to establish quantitative public health standards for mold toxicity, or even the filing of any lawsuits requiring positive proof of cause.

Ohio�s Seller�s Disclosure Statement already mandates complete disclosure of any known toxic substances by the seller of real property.

The term �sick building syndrome� became a newly created terminology for buildings in which the occupants experienced symptoms of discomfort or even health problems to which no cause was readily attributable. Some of these included eye, nose and throat irritation, sensations of dry skin and mucous membranes, reddening and itching of skin, mental fatigue, headaches, a high frequency and incidence of respiratory problems, nausea, and dizziness. These symptoms seemed to lessen or even disappear completely when the affected individuals left the building or environment, and reappeared again when they returned to it.

Evaluation and measurements of indoor air quality (IAQ) has gained importance as the need for diagnosis and determination of cause and effect became necessary to treat and possibly cure these serious afflictions. Not only were the affected occupants concerned, but the owners and builders of affected buildings, and their insurers, quickly recognized the adverse economic effects of ignoring complaints and hazardous environmental conditions.

Contact and retain an experienced Attorney to assist you ASAP. Good luck.

Sincerely, J. Norman Stark