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Mold & Indoor Air Quality Library

Buying, Renting & Insurance

Buying or selling a home with a mold history

Texas law Sources: Tex. Occ. Code Ch. 1958, 16 TAC Chapter 78

In plain English

If a licensed Texas remediation was done on a property, the remediator was required to give the owner a Certificate of Mold Damage Remediation, and the law requires a seller to give the buyer a copy of every certificate from the five years before the sale. As a buyer, ask for them. As a seller, keep them with your closing papers.

A certificate is good evidence that the mold identified on that project was dealt with and whether its cause was fixed, and it protects the owner from liability for mold-remediation damages that accrued before it was issued. It isn't a guarantee about the rest of the house. If you're buying a home with past water damage, an independent assessment during your option period is cheap insurance.

Key points

  • Sellers pass on certificates from the last five years.
  • Check whether the underlying cause was remediated — it says on the certificate.
  • Past water damage? Get an independent assessment before closing.

Official text

Tex. Occ. Code Ch. 1958 — Sec. 1958.154. Certificate of Mold Remediation; Duty of Property Owner Texas law

(a) Not later than the 10th day after the date on which a license holder completes mold remediation at a property, the license holder shall provide a certificate of mold remediation to the property owner. The certificate must include a statement by a mold assessment license holder that, based on visual, procedural, and analytical evaluation, the mold contamination identified for the project has been remediated as outlined in the mold management plan or remediation protocol. If the mold assessment license holder determines that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause, the mold assessment license holder shall indicate on the certificate that the underlying cause of the mold has been remediated.

(b) If a property owner sells property, the property owner shall provide to the buyer a copy of each certificate issued for the property under this section during the five years preceding the date the property owner sells the property.

(c) The commission shall adopt rules to implement this section, other than rules described by Subsection (d).

(d) The commissioner of insurance shall adopt rules describing the information that must be provided in the certificate of mold remediation. In adopting the rules, the commissioner shall design the certificate as necessary to comply with any requirements imposed under Subchapter G, Chapter 544, Insurance Code.

Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 149 (H.B. 1328), Sec. 2, eff. May 24, 2005.

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.153, eff. September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.306, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.289, eff. September 1, 2017.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.154. Certificate of Mold Remediation; Duty of Property Owner.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

Tex. Occ. Code Ch. 1958 — Sec. 1958.303. Exemption From Civil Liability for Certain Property Owners Texas law

A property owner is not liable for damages related to mold remediation on a property if:

(1) a certificate of mold remediation has been issued under this chapter for that property; and

(2) the damages accrued on or before the date of the issuance of the certificate.

Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.303. Exemption From Civil Liability for Certain Property Owners.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

Citations