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Q:  “One of my agents is representing a seller. Her client conducted an at-home air quality mold test himself using an over-the-count testing kit. The test revealed there was mold in the home, but it’s unclear to me if the level detected is considered safe. Does her client have an obligation to disclose the results of the test to prospective buyers?”

A:  The seller does not have an obligation to disclose the results of the test, but the listing agent likely does. With the exception of certain statutory requirements, sellers are generally not obligated to disclose adverse facts about the property. Listing agents, however, are required to disclose material adverse facts about the physical condition of the property of which they have actual knowledge. Here, the listing agent has knowledge of an adverse result from the air quality mold test. As such, the safest thing for the listing agent to do would be to disclose the result, unless or until a more reliable mold test is conducted that shows the air quality in the home is safe.  

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