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HomeHealth and Safety CodeDiv. 20Ch. 18Art. 4§ 26140 Mold Disclosure In Property Sales

§ 26140 Mold Disclosure In Property Sales

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 26140 Mold Disclosure In Property Sales

Key Takeaways

  • •If you're selling a store or factory building, you must tell the buyer in writing if there's mold that's either too much or dangerous.
  • •You don't have to tell the buyer if you already cleaned up the mold the right way, following the rules.
  • •You don't have to test the air or surfaces for mold to see if it's too much.
  • •This rule only starts after the government sets the mold rules and waits six months.

Example

You own a small factory and want to sell it. You know there's some mold in the basement.

You must tell the buyer about the mold in writing before selling. If you already cleaned it up properly, you don't have to say anything.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 26140 Mold Disclosure In Property Sales

(a)  Subject to subdivisions (b), (c), and (d), a seller or transferor of commercial or industrial real property shall provide written disclosure to prospective buyers as soon as practicable before the transfer of title when the seller or transferor knows of the presence of mold, both visible and invisible or hidden, that affects the unit or building and the mold either exceeds permissible exposure limits to molds established by subdivisions (a), (b), and (c) of Section 26103 or poses a health threat, according to the department’s guidelines as developed pursuant to Section 26105. (b)  A seller or transferor of commercial or industrial real property shall be exempt from providing written disclosure pursuant to this subdivision if the presence of mold was remediated according to the mold remediation guidelines developed by the department pursuant to Section 26130. (c)  A commercial or industrial real property seller shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to molds established by subdivisions (a) and (b) of Section 26103. (d)  The requirements of this section shall not apply until the first January 1 or July 1 that occurs at least six months after the department adopts standards pursuant to Sections 26103 and 26105 and develops guidelines pursuant to Section 26130. (Amended by Stats. 2002, Ch. 386, Sec. 2. Effective January 1, 2003.)

Last verified: January 23, 2026

Key Terms

propertyhealthtrialcleanupsafetypresenceremediation

Related Statutes

  • § 26141 Mold Disclosure Requirements
  • § 26146 Mold And Water Disclosure
  • § 26147 Landlord Mold Disclosure Requirements
  • § 26131 Mold Remediation Health Guidelines
  • § 26133 Mold Remediation Standards Adoption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 26140.
View Official Source