Advice on "Black Mole"

I love reading advice columns, thinking that the more I shore up information, the less intimidating the homebuying process will be. Here's a nice question from Inman Real Estate news about "black moles" that keep coming back. It brings up creepy images like a Stephen King novel or an Asian horror flick and also brings up the point that you should know what is included (or not included) in an home inspection. Assuming anything when buying a house could have serious consequences.

Dear Barry,
We bought our home about one year ago. At the time, our home inspector found some minor defects, but nothing was mentioned about black mole. After moving in, we noticed some black stains in the closets. But then the rainy season came, and we found black mole on most of the upstairs walls, especially in the corners. What upsets us most is that the former owners never mentioned a word about black mole. In fact, their disclosure statement said everything was OK. We've tried washing the mole off, but it just returns. What can we do legally, and how do we get rid of the mole? --Renee

Dear Renee,
Mold (not "mole") has been widely publicized as a significant health hazard and should have been disclosed by the sellers, assuming that they were aware of it. Your discovery immediately after closing escrow indicates that they should have known. If they deny knowledge of any mold infection, you would have to prove that they knew about it, and that could be very difficult. Mold disclosure is generally regarded as outside the scope of a professional home inspection and is routinely disclaimed in most home-inspection contracts. However, when evidence of mold is unavoidably visible on exposed surfaces, failure to make some manner of disclosure is hardly justifiable for a competent home inspector. The least an inspector could say would be, "Black stains noted on upstairs walls. A professional mold survey is recommended." The growth of mold is caused by excessive moisture conditions, often accompanied by a lack of adequate ventilation. What you presently see on wall surfaces may be an indication of additional mold within the wall and ceiling cavities. Therefore, mere cleaning is not the way to resolve the problem. To determine the extent of the mold
infection in your home, have a mold survey performed by a qualified professional.