Any real estate sales contract should have in it an environmental inspection clause that allows for a 2 week to a 3 week inspection period so the buyer can have a professional mold inspector view the property and test it for mold or any other kind of natural hazards that might occur in the home.

If it is obvious that mold exists in the home, the only testing you should need is to determine whether the mold is toxic or not. Even if the mold is not a hazard to your health, it could be a hazard to the homes structural integrity.

If you can have the mold removed from the home before you sell it, this is the best thing to do. Selling the home will be easier if the mold is already gone, although you can leave this up to the buyer if you want to sell the home for a little less.

The owner of a property being sold should not make any attempt to hide mold if the problem is known about. If the buyer of the home suspects that you were trying to hide the problem, they may back away from the house completely.

After all, if you would deceive them about the mold, what else could you be deceiving them about?

You should have in writing what you have done to try and correct any problems with mold or other environmental hazards. Any past water or mold damage should be disclosed also in this writing and it should be added to the sales contract so the buyer of the home legally knows about it.

In addition to this, the seller should include in the contract that the home is being sold as-is and that there is no kind of warranty on the property for any environmental reasons.

Lastly, you should ask for a clause that releases not only you, but the lender, and the real estate agent from any and all liability related to mold to the buyer.

As long as the information that you have given in your report about the past water and mold damage to the home and what you have done to remove it is complete and accurate to the best of your knowledge, you should be on solid legal ground should any problems with the buyer arise later.