It's an interesting hole in state regulations. All states require licensure to sell real estate, but few require a license to build homes or to inspect homes.

Home inspectors aren't licensed at all in almost half of the U.S. because the states don't have the revenues or manpower to police them. In fact, some home inspectors can make a mistake on their inspections, and not be held any more liable than the cost of a $200 or $300 inspection to the consumer, even though the mistake could generate thousands of dollars in problems.

Lora Fossler is trying to sell her home in Broward County, Florida. The buyer requested a mold test of the home inspector, which he performed by sampling the air. The test showed mold, and the buyer walked.

"As the homeowners of this house, we were shocked," says Fossler. "We have never had any intrusion of water or flood. I wanted to know where this mold was and how to eradicate it. I began by hiring a certified environmentalist. Over a two-day period and two inspectors inspecting the wall cavities, the attic, roof, bathrooms, HVAC (air-conditioning) system and collecting pertinent data samples including air samples, relative humidity readings, and CO2 levels, the results showed no evidence of mold in this house."

Fossler continues, "The home inspector did not collect any of this data -- only a minuscule amount of air sampling inside and outside the home. I did not witness the home inspector collecting the outside air sampling, but I did witness the inside air sampling. At the time the home inspector was collecting his sample, the contracted buyer and their children had left the back sliding door open so the parents could be inside and tend to their children playing outside. Clearly intrusion of outside air was concentrated with indoor air."

Here's the problem for Fossler. Florida doesn't license or register home inspectors, and neither do 26 other states. Further, mold inspections aren't required by any state, nor is there any recognized standard procedure for testing for mold. There isn't even a requirement by the county that homes be tested for mold.

Yet, state mandates require that homeowners disclose all facts that may materially or adversely affect the value of the home to the buyer, including the results of a test that isn't required or regulated by the state.

According to the American Society Of Home Inspectors (ASHI) assistant executive director Jim Jones, mold is almost always an ancillary inspection product.

"It's not covered in our standards of practice," says Jones, "and I don't know of any states that require mold inspection as part of home inspections or any that require an air quality inspection."

According to state law, Fossler must disclose the results of the buyers' test for mold.

"I have already lost one sale because a home inspection service," says Fossler, "which is not a certified mold inspector, had reported this house had mold. Another prospective buyer on their third visit to the house asked me about the mold issue. Skeptical over the conflicting reports, the couple decided not to buy."

Fossler says that now her home has been stigmatized, and she is having an attorney look into the matter. How can the state require disclosure of a test that isn't required, isn't standard, and is performed by unlicensed, unregulated personnel?

Find out in tomorrow's Agent News what Fossler and her attorney are doing to get the stigma of mold removed from her home.

Published: September 24, 2003

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Blanche Evans is the award-winning senior editor of Realty Times, the Internet's leading independent real estate news service. She is featured daily on the Realty Times Video Network in the "Realty Viewpoint" segment. Blanche has been named one of the "25 Most Influential People In Real Estate" by REALTOR Magazine, and has been twice recognized as a "notable." In 2005, she was named "Top Reporter Covering the NAR" by Delahaye-Bacon's. Blanche is a renowned author of five real estate books. Her newest, Bubbles, Booms and Busts: Make Money In Any Real Estate Market, McGraw-Hill, was rave-reviewed by The New York Times. She was also selected from hundreds of real estate experts to contribute to Donald Trump's book, Trump: The Best Real Estate Advice I Ever Received: 100 Top Experts Share Their Strategies, Rutledge Hill Press, and is featured on page 68. Order Now Review - Honors In 2006, Blanche was selected among scores of candidates to author two consumer real estate guidebooks for the National Association of Realtors: The NAR Guide to Home Buying, and The NAR Guide to Home Selling, Wiley & Sons. She is currently planning two new books for the NAR and its members.       Known for her keen insight into real estate industry issues and for her ability to make complex subjects easy to understand, Blanche is a sought-after keynote and continuing education speaker. Real estate organizations from MLSs, to brokerages, to franchisors, to associations hire her to provide up-to-the-minute analysis of real estate industry news and advice on how to improve revenues. Her passionate delivery, peppered with stinging wit, is a huge hit with audiences and fans. Don Klein, CEO Greater Nashville Association of Realtors, Blanche Evans, Richard Courtney, president 2007, GRAR "The GNAR membership meeting last week featured Blanche Evans as the keynote speaker. Her comments and insights resonated extremely well with those in attendance and we have had many requests for copies of her PowerPoint Presentation. She was a terrific part of the membership meeting and convention program!" - Don Klein, CEO Greater Nashville Association of Realtors Coverage from WSMV, Nashville - 8-14-2007 That Interview Guy - Get Inside The Head Of Today's Generation 2007 AE Institute Session - To purchase 2006 AE Institute Session - Parts 1 2 3 4 5 6 7 8 9 HouseValues Mastermind call - Parts 1 2 Blanche's fireside chat with Jeremy Conaway, HAR - Click here. To contact Blanche, email her at . For more articles by Blanche, click here.