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Toxic mold and the obligation to disclose risk to occupants

The presence of mold in the workplace can lead to the sickness and harm of the men and women who work on the premises. Under California law, landlords have the obligation to disclose the presence of mold in commercial buildings they own and lease to businesses. Failure to do so or efforts to hide the mold is illegal and could be grounds for a legal claim. 

Toxic mold can make people sick, causing potentially serious illnesses. The presence of mold can require extensive mitigation, treatment and work, and many landlords try to avoid these costs by hiding the problem. When a business leases or purchases a commercial space that had underlying mold issues that were not disclosed, it could be grounds to take legal action to address the problem.

Liable parties and appropriate legal action

Addressing legal concerns related to liability of toxic mold claims requires both experience in complex real estate litigation and the rights of commercial tenants or buyers. With help, it is possible to hold appropriate parties accountable and secure rightful compensation through a civil claim. In cases involving commercial property, the following parties may be responsible for damages caused by toxic mold: 

  • Previous owners of the property
  • Company that provided material for the property or worked to hide the obvious evidence of mold
  • Contractors or others who worked on the property and knew about the mold issue

Serious issues related to mold is a significant financial risk to businesses. Not only will the business have to address the problem immediately for the well-being of employees and customers, it can require costly remediation efforts. The losses can be significant.

Landlords and previous occupants of the space may deny liability or knowledge of the problem. It may require litigation and aggressive legal representation to effectively resolve the issue and fairly compensate you for your losses.

Dealing with real estate law issues the right way

Intentionally hiding mold problems or taking steps to hide the issue before the tenant moves in or buys the property is a form of real estate fraud. It is intentionally deceptive, but you do not have to fight back on your own. 

It is in the interests of your business to seek appropriate guidance regarding the most effective way to deal with the problem of toxic mold. A complete evaluation of your case can help you understand how to proceed and what you can do to protect your company from further complications and costs.

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