In our original installment, we looked at the different potential parties people attempt to hold liable for mold problems. We didn’t have much luck with home inspectors, who aren’t required to report mold findings. Insurance companies are also a difficult target unless your policy clearly covers mold. But don’t give up yet, perhaps if you throw some blame in the direction of these next two parties some of it will stick.
The Previous Owner: When you purchased your home, the current owner neglected to tell you about the leaky roof, the sinking foundation, and the hidden mold growth in the insulation. He ripped you off trying to pass off his dump for a dream home. No wonder he was asking so little for the house! Certainly, you can sue the pants off this con artist, right? Wrong again! He probably sold you the house “as is” which means it wasn’t his responsibility to inform you about water intrusion and mold, it was your responsibility to discover these problems yourself (hopefully not with a home inspector, see above). Caveat emptor!
The Home’s Construction Company: Mold in your home was a result of water intrusion caused by poor construction, bad building design, and/or shoddy materials. Therefore, the construction company who built the home should be blamed for the mold that is now eating your only two-year-old home from the inside out. You can sue them right? Well, you may have a good argument here if this is indeed the case. Now you just have to spend a fortune on a team of attorney’s and years in court battling it out. Meanwhile, your home is ruined, your experiencing health issues, and you’re stressed to the limit from complicated litigation. You may recoup your losses – eventually – but at what cost? Is there a better way?
The situation is looking grim. Maybe blaming others for our mistakes isn’t the best way to deal with problems. The solution for living with mold is to be proactive. We should search for signs of water intrusion and mold growth specifically before we buy homes. Then, we should continue to monitor, maintain, and repair our homes so that we do not suffer serious water leaks. And when floods and leaks do occur, we should personally clean the water, repair the damage, and remediate the mold growth ourselves.
A little prevention goes a long way. Many studies have shown that mold prevention costs almost nothing compared to how much damage mold can cause if left unchecked. We often look for someone else to blame when it’s really our fault for not taking care of our problems while we still have the chance. Mold never has to be a serious problem and will only present a danger to our health and homes when serious mistakes have been made and problems aren’t addressed.
With proactive action, prevention, and personal responsibility, you will never have to play the blame game. You may not win millions after a decade in court like some high profile cases you may have read about. But you will still have your home, your health, your money, and your sanity.
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