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Short answer: under Idaho Code § 55-2501 and following, most residential sellers must deliver a completed disclosure form within 10 days of accepting an offer. The RE-25 asks about known mold problems, past mold or moisture remediation, and whether a mold inspection report exists. A buyer who receives the form after signing has three business days to rescind based on a specific disclosure. This is general information, not legal advice.
Idaho's Property Condition Disclosure Act
- Who: most sellers of residential real property, with exemptions listed in Idaho Code § 55-2505 (for example, certain transfers by court order, between co-owners or to family, and some newly built homes).
- What: a disclosure form under § 55-2508, or an alternative form like the RE-25 that includes the required items.
- When: within 10 days of the seller's acceptance of the buyer's offer (§ 55-2509).
- Standard: disclosures are made in good faith, based on the seller's actual knowledge.
- Buyer rescission: a buyer who gets the form after signing can rescind within three business days with a written objection to a specific disclosure (§ 55-2515).
The mold questions on the RE-25
The current RE-25 Seller's Property Condition Disclosure Form asks, in substance:
- Has the property been inspected for mold, and is a copy of the inspection report available?
- Is the seller aware of any mold-related problems on any interior portion of the property, including floors, walls, ceilings, basement, crawlspaces and attics, or any mold-related structural damage?
- Has any water intrusion, moisture-related damage or mold problem been remediated?
Check the current edition of the form with your agent; the Idaho REALTORS update it periodically.
What this means for sellers
- Answer from what you actually know. Past leaks, crawlspace water during irrigation season and past remediation are all things buyers will ask about.
- Keep paperwork: remediation invoices, clearance letters and inspection reports. Attaching them turns a "yes" into a documented, resolved issue.
- Consider a pre-listing check if you're unsure about the crawlspace or attic. See pre-listing mold inspection.
Most Mold Disclosure Nampa, ID questions we get from sellers are about past crawlspace water that dried up years ago. Your agent or a real estate attorney is the right person to advise on how to disclose it.
What this means for buyers
Read the mold answers on the RE-25 closely and ask for any report, invoice or clearance letter mentioned. A "yes" to past remediation isn't necessarily bad news if there's a clearance letter from an independent tester and the moisture source was fixed. A "do not know" in a home with obvious crawlspace water deserves a closer look during your inspection period. See mold testing for home buyers.
Questions about Mold Disclosure in Nampa, ID that involve your legal rights belong with your agent or a real estate attorney.
Mold Disclosure Nampa, ID: questions
Do Idaho sellers have to test for mold before selling?
No. Idaho requires disclosure of what the seller knows, not testing.
Does a new-construction home need an RE-25?
Some newly built homes that were never occupied are exempt from parts of the Act, though builders still must disclose some items. Ask your agent.
What if mold is found after closing?
Whether a seller is responsible depends on what they knew and disclosed. That's a legal question for a real estate attorney. An inspection report from the time of discovery helps establish the facts.
Does seller disclosure apply to rentals?
The Property Condition Disclosure Act applies to sales of residential property. For rentals, see Idaho landlord-tenant mold rules.
Can I get a copy of a past Mold Disclosure in Nampa, ID report?
If we did the inspection and you're the client, yes. If another company did it, ask the seller or their agent, since the RE-25 asks whether a report is available.