What must the seller disclose regarding any current or past mold problems?

The requirement to disclose mold problems is grounded in the principle that mold constitutes a material defect in a property. A material defect refers to any issue that affects the value or safety of the property. Since mold can pose health risks and potentially lead to significant remediation costs, sellers are obligated to inform buyers about any current or past mold issues, regardless of whether the mold was treated or removed.

Disclosing past mold issues allows buyers to make informed decisions based on the full history of the property. A seller may not be able to hide behind the treatment of mold; past occurrences could still affect a property's condition or value. Furthermore, mold may remain hidden from view, and the absence of visible mold does not exempt a seller from the duty to disclose prior mold problems. Transparency about such defects is crucial to maintain trust and ensure compliance with real estate laws that aim to protect all parties involved in a transaction.