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ATTENTION All Homeowners Listing Your Homes this Month and Beyond

Starting June 14, 2023, you are now required to disclose the existence of indoor mold to any prospective buyer.

When NY Real Property Law  Article 14  (§§460 – 467) was signed into law,  most sellers[1] were required to complete  a statutory form  Property Condition Disclosure Statement (commonly referred to a PCDS). Among the long question list, under the heading ENVIRONMENTAL, Question 18 asked whether any petroleum products  or hazardous or toxic substances known to have been spilled, leaked, or otherwise released on or from the home onto other property. Although radon, asbestos, petroleum  and hazardous or toxic substances are addressed, nothing was asked about or required disclosure of the presence of mold in the home.

In December 2022, Governor Hochul signed an amendment to the PCDS to add the phrase   “OR OTHER MATERIAL” to the Environmental “Note To Seller” and a new question 19-a:

19-a. Has the property been tested for indoor mold? If yes, attach

a copy of the report ………………………………………………….o Yes     o  No    o  Unknown

In support of this change to the form, the accompanying  Legislative Memo, among other reasons, states that:

• The history of mold must be disclosed to prevent further growth.
• Indoor mold has been referred to as “killer mold”; this is because the health risks associated with certain types of mold are tremendous.

In representing buyers, we recommended  that they consider having a mold inspection/test, where they have a concern or where mold evidence is present.

If you would like to schedule a consultation to talk about your rights when encountering this type of situation, either as a buyer or seller, please feel free to contact Lou at lmorin@mccmlaw.com or give him a call at 585-512-3534.

[1] There are a number of exemptions in Article 14 including home sales by an estate, court order or transfers within family. You should consult with your attorney if you have questions whether the seller has an obligation to provide a PCDS.

Lou Morin is recognized as one of the preeminent attorneys in Western New York for real estate and bankruptcy matters.  A frequent guest lecturer for bar association and realtor groups, Lou has also served on committees which have revised and improved the standard forms used by realtors and attorneys for residential real estate transactions.  Lou also maintains an active bankruptcy and business workout practice.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.