Toxic Mold Liability Update: Implications of Kilian v. Equity Residential Trust

摘要

This article looks at the 2004 federal district court decision in Kilian v. Equity Residential Trust and Its impact on toxic mold litigation. In Kilian, the court dismissed a mold-related claim based on scientific evidence showing that only a limited number of people are vulnerable to the effects of mold. This suggests that while a property may have a history of mold, the impact may be less than previously predicted. Real estate appraisers, however, must continue to be observant in their assignments of abnormal conditions, such as mold, that might have an impact upon value. The article looks at the Uniform Standards of Professional Appraisal Practice and the Guide Notes for guidance on appraisers' responsibilities.