Bubba/Michael:  (Love the alter ego!)  The furry growth actually got on my hand yesterday while holding onto a basement railing...thankfully the client had baby wipes in her car.  I tell ya, I worry about those with breathing issues.

George:  They are so busy that even if they do care about these things they don't have time to respond.

Claudia:  I bet you will!   Don't get me wrong, a home that can be treated and the mold/mildew issue resolved can be a great deal for a buyer.  But give us a little notice...we may not want to go inside. 

Missy:   What I'd like to see is an attorney challenge the "no disclosures" for banks in our state.  I think I'm going to spend a bit of time tomorrow morning reading the disclosure regs on the state level.  Frankly, I'm getting sick of it (and may get sick from it.)

Suzanne:  I haven't had a client purchase a home with active mold but you can bet I'd advocate that they call in a professional mitigator.  Too much can go wrong with do-it-yourselfers.  Thanks for your input.

Diane:  It is always interesting to me to hear about what is the norm in other states.  Here it is almost the exact opposite:  The sellers disclosure is to be filled out by the seller with the agent not touching it.  In fact, we're advised to not even so much as write the address on the disclosure.  How the bank owners are getting away with not disclosing is a big gripe with me.

Patricia:  That's what I'm getting at.  The sellers disclosure in our state must be filled out by the seller.  However, if we as agents know there is an issue we're not supposed to hide it.  How the heck does not putting in the listing information "Home has a mold or mildew like substance" serve the public?  If we had known about the 3 homes that we visited we never would have made the appointments.  One of the homes the odor was so strong that we left immediately.  2 of the others we didnt notice anything until we entered the basements.  By then the toddler and older child (and us) had breathed in the spores.  (Loved the BYOR line :-))

Elizabeth:  Bingo!   That's all I'm asking for:  Disclosure.  Either on a formal disclosure form or in a notice left in the listing remarks.  Heck, even copy and paste my own homemade danger sign and leave it on the door!  Good to see you :-)

Carole:  Perhaps this is one more reason that I'm rarely a sellers agent.  I could not list bank owned properties and not warn agents and buyers about this type of thing.   Heck, they'll tell you to bring a flashlight, but won't tell you that there is mold or mildew in the home?  Not right.

Jeff:  Of course an appraisor would see this and note it.  What I'm referring to is the initial appointment made by the buyers agent to view the homes.  How hard could it possibly be to note in the listing information "Possible mold/mildew" and why in the world are sellers (banks) allowed to not disclose what they can see with their own eyes?

You brought up a good point.  Why bother viewing the home when there isn't a chance that a buyer could mortgage the property?  As far as I know, there isn't a lender out there (other than hard money) who will lend on a home with active mold infestation.

Jeff:   The "as is" in the addendums that a bank uses really are meaningless.  That doesn't mean my buyers can't walk away from a deal after an unsatisfactory inspection.  I would think though that with the foreclosure homes that the underwriters are really scrutinizing things even more so.  Sounds like they are from what you described.

ILM Realty:   My 2 cents on how they're getting away with it:  It's so darned obvious that it isn't a "hidden" defect.  Hence the "You saw it, your buyers saw it...".

Lori:  Thank you very much for giving me a listing agents perspective.  I'm glad to hear that you state things on your own disclosures, even when the banks don't.  As far as the buyers agent that was upset with you about stating "possible mold".  Goodness.  I just have to shake my head at that.  Who was he/she working for?

Thank you to whomever featured this article.  I appreciate it.  Let's get the word out on these types of practices and see if collectively we can bring about a needed change to our industry.

Daisy:  Thank you.  Glad you got something out of it.

Neal:  Once in a while we come across those that have been maintained by the asset manager and listing agent.  (One tip off is removed drywall from the basement)  In my opinion, that is the responsible thing to do.  Frankly, that can only lead to a higher purchase price for the banks also.  For the most part though, what I am seeing is what I described above.  A "take it or leave it" home.    Thanks Neal.

Russ: It sure makes our jobs fun doesn't it?

Laura:  I've carried Purrell with me also, and thankfully my client had baby wipes in her car.  We shouldn't have to wear respirators though. 

Thesa:  Wow.  That's exactly what I'm talking about.  I know that 95% of mildew/mold isn't harmful, but that doesn't mean that people can't have an allergic reaction to it.  They need to be warned.

Ryan:  Seems to me it's the responsible thing to do.  From the comments here, most would agree.  Thanks Ryan.

Benjamin:  Bingo!  This is why I don't understand how it is that people are getting away without disclosing.  You know, I wouldn't want to be an REO agent.   I could not leave things like that and would insist on disclosure.  E & O issues is something I hadn't thought of.  Good point

Lenn:  I'm able to preview about 70-75% of the time.  Yes, I need to get that number up to 100%.  I kicked myself Sunday for not doing so, especially in light of the kids that we had with us.  And no, if I stripped and burned my clothes the police would be called by neighbors, I would turn off my clients, and then I'd be sitting in the backyard naked and weeping.  Not a pretty sight.

Millie:   I had to laugh at your comment because I was thinking a "Blue fuzzy substance growing in the basement" would be sufficient in listing remarks to let us judge for ourselves whether to view it or not.  Looks like we're on the same page :-)

Cindy in Indy:  (Love the tie in with your name :-)   First, I hope your client is paying cash for that home!  Inspections do pick up on the hidden, but the obvious should be stated so that others don't expose themselves especially if there is a health risk - either real or percieved.  Give us a choice, that's all I'm asking..

Linda:   Yep..there have been many that I have previewed for clients only to email them with "It's moldy"  Now did I do a test?  No.  But I'm not stupid either.  If it shows moldy, there is no way they can get a mortgage and I'm not crazy about letting them in to the home either.  Or me.  I'm with you, we're exposed to too much now, I avoid it if at all possible.

Mike Hughes:   I'm pretty sharp. (Most times)  I know that most mold is not harmful.  However, (you knew this was coming didn't you?) I believe that if it's growing and smelly that it should be disclosed.  "Possible mold/mildew like substance..."  How hard can that be?   Give the buyer a chance to say yes or no to viewing the home.   I also agree that previewing is something I need to do more of to save my clients from walking in to this type of situation.

Marlene:   Don't let the "one photo" fool you.  From what I'm hearing listing agents are forwarding more than one photo over to the asset managers, along with detailed notes on the condition of the homes.  My gripe is very simple:   They're not sharing this with us. 

Barbara:  Once again, you just described why I could not do your job.   If they could put a notice on the garage door why can't they do something like that on the house????  I give you credit.  You have alot more gumption than I do.  I would not be able to overlook it and leave it to "buyers beware" when it comes to a possible health issue.

Marsha:  You must have read the VA owned addendums a time or two :-)  I'll head over to read the article you wrote.  Thanks.

Jeanean:   I'm nodding my head but of course you can't see that :-)   I think everyone is so caught up with the "as is" clauses that liability isn't even given a thought.  It would scare the dickens out of me also.

Terri White:   Oh we're seeing that also (not complying with other requirements).  The baby was thrown out with the bath water when it comes to these.  I don't mind doing my job, and most times I don't mind doing the listing agents job, but what I want addressed is the possible health issues when entering these homes. 

C Lloyd:   If listing agents were fined (or bank owners) this practice would stop.  I would envision that a home inspector would go through the homes prior to putting them on the market and full disclosure would be made.  Now wouldn't that be a wonderful thing? 

Shane:  I suspect you are right.  Banks aren't in the real estate business (another reason they shouldn't be) and no one is standing up to them and saying "Hey, there are rules and laws!".

Joe Patterson:   Yes it does matter.  I don't give a hoot that they aren't going to remediate, all I want is some type of disclosure so the buyer is aware before they enter a home that there is a mold/mildewy substance in the home.   Let the person entering the home decide if they want to do so.  How hard would that be?   And yes, I am aware that most homes have some mildew.  "Some" and a fuzzy blue substance growing on the walls of a home are 2 vastly different issues.

Sheila:  I'm sorry that you've had your health compromised by this.  What an awful thing to have had happen.  Ditto on putting it back into the banks laps - if they won't disclose or give a warning shot it shouldn't be put on the market. 

Audrey:  Yep.  I used to notify the listing agent via phone or on the feeback request form about what I saw.  Not once was there ever a follow up notation made in the listing remarks. 

Christine:  Woo hoo!  Progress!  Maybe that is a sign of good things to come.

Louis:  You're welcome.  There are many loopholes in the laws that things are being slid through...this shouldn't be one of them.  It's a human issue.

Kathy:   This is exactly why I bring this up.  Not only could our clients have allergic reactions to the mold like substances, but you yourself become ill from it.  It bugs the heck out of me.  Why in the world can't a simple "warning" be issued?

Tanya:   Of course the asset managers and banks are looking to get paid...you've just described what I'm aggravated with:  Knowing what is there and not putting out 2 words to warn someone.  Heck, they don't even need to have it tested.  A simple "Possible mold/mildew.." would suffice.  The house you described is probably still on the market because it hasn't been priced to reflect the repairs needed and buyers are caught off guard when entering it not expecting the mold/mildew.

Michael Russel:  Ditto.  Asking for a simple warning is not asking too much in my opinion.

Roland:   Private sellers still have the "As is Where is" clause and yet they are required by law to disclose.  Why the heck should bank owners be treated any differently?

Gary Bolen:  It sounds like the asset managers you work with are responsible and try to make sure the homes aren't a hazard.  Of course I agree with you regarding inspections.  It's the "in your face" mold/mildew that should be disclosed upfront before an appointment is made that I'm pushing for.

Dennis Hopper:   Glad to hear that you have a positive spin to put to this.  Thanks for sharing it.

Tom Davis:  Fiduciary responsibility is what I'm asking about.  Where does it end and the human responsibility begin?  Time will tell..

Andy:   That's an understatement :-)

Cindy Knight:   Good to see you here.   How do you as a broker owner handle this type of situation?  Do you have heavy REO agents and do they give anyone a warning about this type of condition?  (You know a test case is coming...we'll all be hearing about it sooner than later.)   I look forward to running into you one day. Hopefully to co-op together :-)

Edith:   This is why I brought it up.  If it is obvious, tell someone about it.  How simple is that?

Peggy:  I don't advocate going that far.  If a buyer wants a great deal and is willing to mitigate the issues then it should be up to him/her to do so.  Just let us know before we walk in the door.  That's all I'm asking.

Paul Francis:   Ouch.  I've never heard a listing agent say they are out of the business when all the foreclosures are gone.  That puts a different twist to the level of caring...

Russell:  I'm sure it will pass, but at what cost?  I bet you can tell I'm more than a bit tired of this :-)

Diane:  If a buyer wants to purchase one of these homes I'm not against that.  Good for them.  Just warn us before if there is a potential health issue while viewing.

Steve Homer:   Actually, I think it could be quite easy to mandate.  With obvious evidence of spreading mold make it mandatory that it be noted in the listing remarks and posted on the front door of the property.  Easy huh?  Guess it would be too easy for anyone to implement.

Lyn Sims:   Why do I bring up only foreclosures?  Because those homes are the ones that aren't giving disclosure.  There is no warning before entering these homes even when it is blatantly growing up the walls and on the ceilings.   I haven't seen one owner occupied home this year that has had this problem.  Not one.  And you can bet if it did it would be disclosed.

Renee:  Are you saying that you as a listing agent would have to disclose this on a REO even if the banks didn't?   Wow, I want to move to Las Vegas :-)  I wouldn't have to pack a respirator.

Chris:  I've never shot the messenger.  Yet :-)  Although I'm getting pretty darned close to showing up at some of the listing agents offices and asking them why the heck can't they give one word of warning???  They are happy to tell us that the electricity is off so pack a flashlight so no one breaks a leg.  But not to pack a face filter.   I understand the layers of people and bureaucracy that the agents have to leap through, but one word of warning is all I'm asking for. 

Kathy Anderson:   Frankly, I'm surprised that there hasn't been a lawsuit yet over this issue.  Realllly surprised.

Richard Lecinski:   I don't know about that.  From what I've heard (and seen from agents in my own office) they're a ton of work and stress for them.  Perhaps others have it easier, but not from what I've seen in my area.  But then again, Michigan has led the way for foreclosures unfortunately.

Hope:  Me too.  I don't think I'm asking for too much.  It's not like I'm asking for world peace :-)

Les Bolton:   I fully understand that the bank owners are not required to fill out disclosures because they have never occupied the homes nor could they attest to everyday mechanical issues.  I get it.  I also get that it is my job as a buyers agent to preview as many of these as I can, and I do.  I'm hitting 70-75% of them.  Frankly, there aren't enough hours in the day to preview all of them.  My question is this:  If you, as a listing agent, have viewed the home, taken photos, and forwarded information to the asset managers/banks about the condition of the home, how hard would it be to say to them "Listen, it's got creepy crawly green stuff growing on the walls.  I'm going to let agents know so they are aware before they enter."

My clients also know that the reason the foreclosure homes are priced below market value is because they need TLC.  They're pretty sharp buyers up here.  There is a huge difference though between needing updating (TLC) and needing mold remediation.

Also, as I'm previewing these homes I am being exposed to this.  Not only do I give a darn about my buyer clients and their families, but I do not like the way this stuff makes my eyes water and nose itch and the coughing that follows.

I briefly went through my list today:  I quit counting at 418 homes that I've shown and/or previewed.  Conservatively I'd say 10% of these homes had that wonderful creepy crawly blue-green stuff growing in the basements and in the upper levels.

That's at leat 41 homes that I've been exposed to.  This year.

So yes, I'll keep previewing homes.  But I shouldn't have to bring a respirator (Thanks Patricia, loved that line.)

Jean:   I've done that also.  Perhaps I should be more specific "Is there anything growing??"

Cindy:   I just mentioned the same thing in my reply to Les (previewing and our health).  Glad to hear that the asset managers you and your agents work with take care to clean up the homes and eliminate obvious health issues before people come in to view it.  (Yours were probably ones that I haven't had to leave running :-)

Steve Aubertin:   The point isn't about needing work.  Heck, the buyers know that.  It's about the potential health issues of going inside of these homes and not being warned about it.  I can't tell by the listing information if it's there, no one discloses it.  I do preview and am able to keep my buyers out of them for the most part, but what about me?  My health?

Mike:   If a buyer wants to purchase one of these homes they can get a heck of a deal.  But I would bet cash money that you would have liked to have been warned about the mold before entering.  That's all I'm asking...

Steve:   I picked up a pack of 20 (filters) from Home Depot this week.  They're on the front seat of my car.  After reading all of the replies to this post there seems to be a general consensus from buyers agents:  Disclose, warn, give a heads up at the very least.  From REO agents:  Sorry, pack a mask. 

This really has been an eye opening discussion.    Thanks for sharing your thoughts Steve.

Jacob:   Having a home inspector come through with me on previews of these homes to check for mold isn't feasible.  We still have to go inside of them, we're still exposed without warning.  Of course I recommend a home inspection to all my home buyers as that is the only way for them to fully judge the "as is" condition.   Also, most of my buyer clients are not cash purchasers.  Active mold is something that will halt a mortgage application in its tracks.  Why have my clients offer to purchase on a home when they don't stand a prayer of getting a mortgage?

Amy Boxer:  You're welcome.  I would suppose staging wouldn't help properties like this unless they were remediated prior to you coming in!

Russel:   Bingo!   But I bet that won't happen until the "foreclosure crisis" is over with.