The health and safety issues regarding amplified mold growth are well documented. It is crystal clear that mold must be properly addressed and completely removed (remediated) to restore the air quality to acceptable limits for occupancy as set forth by the Institute Of Inspection Cleaning Restoration Certification (IICRC). (Condition 1 Air Quality)
The health, safety and general welfare of occupants is not limited to just you, your family and friends within the structure that you reside.
Your responsibility is also extended to anyone who may visit or occupy a rental property that you own or operate, regardless if it is used for either short term vacation rentals or long term tenancy.
But, these obligations regarding a healthful and safe environment do not stop at your own front door.
Any place of business be it a warehouse, storage facility, grocery store, bank, doctors office, gymnasium, beauty salon, restaurant, etc... must provide the same clean air and healthful standard.
In short, there is a huge potential for liability for those who own, operate, manage, buy or sell properties that are found to have amplified mold growth that is deemed unhealthful to those who either reside or simply enter the structure.
The same can be said of business owners as well as owners of large buildings, malls, office buildings, strip malls, etc... The cost of such liability grows exponentially with the duration of time exposure is allowed to occur and then multiplied by the total number of individuals exposed. If it is found that your building has Sick Building Syndrome (SBS) the potential for liability is virtually limitless.
When an injured party brings forth a legal action, all parties of concern will be named as a part of the lawsuit. This will include Owners, Property Managers, Real Estate Brokerages, Real Estate Agents, Business Owners, Office Managers as well as other ancillary professionals or representatives involved.
Pleading ignorance to a condition that may lead to amplified mold growth or denying that you saw visible signs of apparent mold growth is not a sound defense in front of a judge or jury. Especially, if there are material facts to the contrary, such as photographs or repetitive complaints of unhealthiness from occupants, employees or customers that went unaddressed.
Specifically regarding real estate sales, the Seller Real Property Disclosure Law pursuant to Hawaii Revised Statues, Chapter 508D requires that the seller involved in the sale of real property of one to four units disclose "Material Facts" defined as any fact, defect or condition, past or present that would be expected to measurably affect the value to a reasonable person of the residential real property being offered for sale. This statute addresses the sellers responsibility to disclose and their potential for civil penalties for failing to disclose.
This same covenant shall be carried forth to those who represent a buyer or seller in a real estate transaction where mold is discovered. The agents and brokerages involved in the transaction have a fiduciary responsibility to equally represent both the buyer and the seller in a transaction and to disclose any conditions that may impact the sale of the subject property. This obligation is not predicated on the sellers disclosure, but their own evaluation and observations regarding the subject property. The agents and brokerages failure to disclosure such conditions can lead to lawsuits, sizable judgments and ether skyrocketing costs or the cancellation of Errors & Omissions insurance policies.
In conclusion, it is imperative that as an owner, owners representative, buyers representative, property manager, business owner, office manager or an affiliated contractor if you suspect that any property that you own, operate, manage, rent, buy or sell has either a condition conducive for mold growth or apparent mold growth that you contact a Certified Mold Inspector immediately to evaluate the building to ensure the safety of all of the occupants and to minimize or eliminate your exposure which could lead to enormous financial liability.