I got this email from someone last night.  I am not able to help them due to time constraints but was able to offer some heplful advice.

As you will read, yet another builder got someone to absolve them of responsibility for mold (unbelievable!)  This is fairly typical of some builders and often puts buyers in a bind.  Unfortunately, too many buyers (like this one) think that there "can't possibly" be mold or major problems in a new construction home.

Can there?.....

My husband and I are in the process of purchasing a new home in XXXXX County. We are meeting with the construction manager this Monday for our pre-drywall inspection. We decided to take a quick walk through this evening by ourselves after hours ( yes, we know we were not supposed to do this). Anyhow, it looks as though the OSB has mold on it (black spots all over) and quite a few of the framing studs are of poor quality and have black areas on them as well. Does this sound like mold to you? I did take some photos and can e-mail them to you if you'd like.   Unfortunately, we signed a statement in our agreement of sale that stated that our builder was not responsible for any mold and would take no corrective action if found. We signed it but didn't even dream that moldy framing materials would be an issue.   What would you suggest we do? The builder has $20,000 of our money in the form of a deposit already.   Obviously, we need a speedy reply. Any information that you could give me would be greatly appreciated! Thank you very much in advance.

Fortunately we were able to give this buyer some key advice BEFORE she got railroaded by "policy" and double talk.  Don't be an uneducated victim!  Get an inspection and let a qualified Realtor review your contract BEFORE you sign!

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