As of January 1, 2016, if a purchaser (or seller) would like to conduct an inspection of real property as it relates to mold, they will need to make certain that a licensed mold assessment and licensed mold remediation professional is engaged. Since real estate agents are usually the first professionals engaged by a purchaser or seller of real property, they are customarily the first ones asked about what inspections should be conducted and who they should contact to perform such inspections. Therefore, in light of this new regulation, it is critical for real estate agents to inform their clients as to when inspections should be conducted on a parcel of real property, especially when actively providing referrals to other professionals in the field of inspections. Furthermore, while real estate agents should never provide legal advice to clients, they should be aware of newly enacted laws (as well as existing laws), be able to inform their clients of same and, if necessary, recommend that they discuss the matter with their attorneys.
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