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- ENVIRONMENTAL HAZARDS:
- LICENSEE is LIABLE if he FAILS to DISCLOSE DEFECTS that could affect
HEALTH and SAFETY of OCCUPANTS
- COMMON ENVIRONMENTAL HAZARDS are...
- RADON:
- a TOXIC GAS
- enters through openings around PLUMBING or CRACKS in FOUNDATION
- comes from the GROUND so NOT an issue for HIGH-RISE upper floors
- but CAN BE a PROBLEM for HOMES and SCHOOLS
- damages LUNGS
- to FIND OUT if a PROPERTY is AFFECTED, you can...
- contact LOCAL, STATE, or FEDERAL ENVIRONMENTAL AGENCY
- ask NEIGHBORS
- ask SELLER to have property TESTED
- NOT uncommon for BUYER to REQUEST a RADON TEST BEFORE OFFER
- any RADON test SELLER DOES MUST BE DISCLOSED
- both TESTS and REMEDIES are EASY and CHEAP
- EPA has free PUBLICATIONS
- FORMALDEHYDE GAS:
- EMITTED from...
- FURNITURE, DRAPERIES, CARPET, PLYWOOD
- UREA-FORMALDEHYDE FOAM INSULATION - found in OLDER HOMES
- may cause EYE, NOSE, THROAT IRRITATION and CANCER
- in REAL WORLD, usually NOT a problem
- if you're worried about it...
- SELLER can have HOME TESTED
- consult HEALTH AUTHORITY
- REMEDY: REMOVE the EMITTING ITEM
- ASBESTOS:
- used in the PAST for INSULATION and FIRE RETARDANT
- can CAUSE LUNG DISEASE including CANCER
- in OLDER HOMES and BUILDINGS - CEILINGS, FLOORS, PIPES
- Some Indications:
- CEILINGS, WALLS covered with GRAINY PLASTER
- CEILINGS, WALLS sprayed with FLUFFY, STRINGY MATERIAL
- PIPES covered with it
- LICENSEE should have OLDER BUILDINGS INSPECTED for it
- SELLER and BUYER should be INFORMED
- removal is COMPLICATED and EXPENSIVE
- LEAD:
- comes from LEAD PLUMBING and LEAD-BASED PAINTS
- from WATER from PLUMBING, eating PAINT FLAKES, INHALING PARTICLES
- HIGH BLOOD PRESSURE can WORSEN
- CHILD may suffer IMPAIRED MENTAL/PHYSICAL DEVELOPMENT
- LICENSEE should be aware...
- HUD housing MUST BE in COMPLIANCE with HUD REGULATIONS
- LEAD PLUMBING connected to PUBLIC WATER SYS is PROHIBITED by EPA
- if VIOLATIONS - then HUD, VA assistance NOT AVAILABLE
- PEELING PAINT in < 1978 HOMES are MOST LIKELY
- RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT of 1992
- aka TITLE X
- SECTION 1018: REQUIRES DISCLOSURE
- provide "PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME"
- SELLERS must give BUYERS 10 DAYS for TESTING (BUYER PAYS)
- SALES CONTRACTS and LEASE MUST DISCLOSE
- LICENSEE responsible to ADMONISH SELLER or LESSOR
- NOTE: does NOT require SELLER or LESSOR to REMOVE BAD PAINT
- GROUNDWATER CONTAMINATION:
- comes from...
- PESTICIDES and FERTILIZERS
- leaking GROUND STORAGE TANKS
- HAZARDOUS WASTE DUMPS
- MINING
- LICENSEE gets INFO from...
- HEALTH AUTHORITY
- NEIGHBORS
- INSPECTION - usually CHEAP and EASY - NOT SO for INDUSTRIAL JUNK
- REPORTS
- PATCHES of OIL or PLACES where nothing will grow
- PREVIOUS USE of PROPERTY
- APPROPRIATE AGENCY for HISTORY of PREVIOUS OWNERS
- are there AIR VENTS - clue to underground tank
- LICENSEE must DISCLOSE to ALL
- HAZARDOUS WASTE DUMPS:
- UNDERGROUND STORAGE TANKS:
- like, if you know the property WAS a GAS STATION...
- encourage SELLER and BUYER to contact APPROPRIATE AUTHORITY
- DISCLOSURE STATEMENT
- a CHECKLIST FILLED OUT by the SELLER
- LICENSEE gives a copy to any PROSPECTIVE BUYER
- PROTECTS both LICENSEE and SELLER from LIABILITY
- DUE DILIGENCE INVESTIGATION:
- VERY THOROUGH and TIME-CONSUMING
- SUPERFUND AMENDMENTS and REAUTHORIZATION ACT of 1986
- PERMITS "INNOCENT LANDOWNER" DEFENSE
- MUST PROVE that INVESTIGATION was done BEFORE TRANSFER
- MINIMUM REQUIREMENTS:
- REVIEW of PREVIOUS and CURRENT OWNERSHIP and USAGE
- REVIEW of PREVIOUS INSPECTIONS, INVESTIGATIONS, LITIGATIONS
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