Environmental Issues
It is extremely important that the real estate professional have a constructive understanding of environmental issues that may arise during real estate transactions. Real estate agents must be prepared to deal with radon, mold, water, indoor quality, and other issues and, perhaps more importantly, effectively counsel their buying and selling clients on these important issues.
An increasing number of home buyers are demanding that environmental issues become a top priority in new construction and remodeling efforts.
Some clients are more concerned about environmental issues than others. Real estate agents have the opportunity to provide added value to buyers and sellers by understanding the issues, and by knowing where to find additional information and expert support. A well trained real estate agent has the potential to turn potentially problematic environmental issues from “deal breakers” into opportunities for their clients by assisting their clients in quantifying the issues through a combination of well-informed advice and referrals to trained environmental professionals.
Radon
Radon is a cancer-causing, radioactive gas that comes from the natural breakdown of uranium in soil, rock and water. Radon is an invisible, odorless, tasteless gas that can get in the air we breathe.
Radon is measured in picocuries per liter. One curie, named for Marie Curie, the person who discovered metallic radium, is the amount of radiation given off by one gram of radium. The Environmental Protection Agency (EPA) recommends radon mitigation for levels of 4pCi/L or higher. This is not a legal standard, but rather a recommendation. Action levels for radon vary dramatically between countries. For example, the Canadian action level is 22 pCi/L.
A trained real estate professional is equipped to explain the potential need for radon testing in a real estate transaction based upon EPA findings. They have a list of qualified radon testing and mitigation professionals. The trained real estate agent should be able to reassure sellers and buyers that virtually any test result can be dealt with on a professional level by assisting their clients in understanding the technical measures of the presence of radon gas and explaining the significance of those measures and comparing the test results with EPA action levels.
As importantly, is the real estate professionals ability to help property owners and buyers formulate a plan to deal with elevated levels of radon as reported in a professional test by suggesting contractual ways to deal with clients’ concerns and recommending well-screened, qualified professional contractors who can propose effective mitigation and remediation methods.
“Home Buyer’s and Seller’s Guide To Radon”
EPA
http://www.epa.gov/radon
Lead
Lead is a soft, heavy, toxic and malleable metal which has a dull gray appearance. Lead can cause a range of health effects including behavioral problems, learning disabilities, seizures and even death. Prior to 1978, lead was used in a number of building materials, including, without limitation, paint.
Houses built before 1978 may contain paint with high levels of lead. People can get lead in their bodies by breathing in lead dust, putting their hands with lead dust into their mouths, or by eating paint chips contaminated with lead.
Lead paint is usually not a hazard if it is in good condition, and if it is not on an impact or friction surface (like a window or door jam). Deteriorating (peeling, chipping, cracked or damaged) lead-based paint is a hazard and needs attention. Lead is more dangerous to children under the age of six because their brains and nervous systems are more sensitive to the damaging effects of lead.
Federal law requires that potential buyers, renters or renovators of homes built before January 1, 1978 receive a warning and a disclosure regarding potential or know lead hazards.
The trained real estate professional should be able to (i) describe the federally mandated disclosures and provide the appropriate forms to assure warning and full disclosure has been made on each and every property, (ii) explain the significance of lead contamination in property based on the EPA published information, (iii) enumerate potential sources and locations of lead contamination, (iv) explain to buyers their options regarding lead testing, contract termination and potential mitigation and remediation, (v) describe the seller’s legal obligations with respect to lead disclosures, and (vi) differentiate between contractors qualified for lead testing, lead risk assessment and lead abatement or removal and locate and screen qualified contractors for the required process.
Knowing that a home contains lead-based paint is not necessarily an indication of a lead hazard in the home. A qualified contractor can perform a risk assessment to identify lead hazards in a home and determine how to address any existing hazards. A trained and certified testing professional typically uses a range of reliable methods including visual inspection, portable x-ray fluorescence machines and laboratory tests to detect lead.
A certified lead abatement contractor can be hired to remove, seal or enclose lead-based paint.
Mold
Every home has mold. It is a question of how much and what kind. Molds are a part of our natural environment, but indoor mold growth should be avoided. The key to mold control is moisture control. While every dwelling has mold spores, there are dangerous variations of mold, and even in the absence of any dangerous forms of mold, the evidence of mold growth is still a problem.
Some molds contain potentially toxic substances (mycotoxins) that pose a health risk. Non-toxic molds can still cause health effects such as allergic reactions. If left unattended, mold can also cause structural damage to a home or building.
A trained real estate professional should be prepared to (i) inform a seller or buyer of the current information on mold contamination, (ii) explain the possible impact of mold contamination on a transaction, (iii) decide when it is appropriate to recommend a professional mold test, (iv) recommend a screened, qualified mold professional who can provide alternative solutions to a mold problem, and (v) provide contractual amendments to provide time and/or funding for remediation.
Moisture management is the key to mold management. Having the proper mold remediation professional remove a mold infested section of building material is only part of the solution. Introducing proper ventilation and drying an area is also part of the solution. Understanding how a home or building manages moisture and improving moisture management are two fundamental parts of a robust solution. Some buildings shed water effectively and some do not. It is all about moisture management and proper ventilation from the roof to the foundation and the grading and drainage surrounding the foundation.
Water Quality
The United States has one of the safest water supplies in the world. The Safe Drinking Water Act gives the EPA the responsibility of setting national drinking water standards for public water systems. The EPA has set standards for more than 80 contaminants that may occur in drinking water and pose a risk to human health.
Private wells are not subject to federal regulations. Approximately 15% of Americans obtain their drinking water from private sources such as wells. This percentage is much higher in rural areas. There are number of water treatment and purification systems on the market which are available to property owners using private water sources.
To protect the quality of well water, homeowners should test regularly and familiarize themselves with water quality test results and their proper interpretation.
The trained real estate professional should be prepared to (i) recognize situations in which a seller or buyer may benefit from water quality information and professional testing, (ii) suggest appropriate background information for sellers and buyers, (iii) explain the local rules and regulations regarding transfers of property utilizing private water and sewer disposal services, (iv) identify screened, qualified professionals who can provide professional testing, interpretation of results and recommendations for remediation, and (v) assist their clients in analyzing the results of a professional water test and formulating an action plan.
“Drinking Water From Household Wells”
EPA
http://www.epa.gov/safewater/privatewells/pdfs/household_wells.pdf
Indoor Air Quality
“Sick buildings” are one of the top five threats to human health, as ranked by the EPA. The EPA has found that indoor air is typically between two and five times more contaminated than outdoor air. In some cases, indoor air has been found to be over a 100 times more contaminated. Health effects of poor indoor air quality often appear as allergy and asthma symptoms.
Indoor pollution sources that release gases or particles into the air are the primary cause of poor indoor air quality. Inadequate ventilation and filtering and poor air exchange rates are major contributing factors in poor indoor air quality. Air exchange rates are the rate at which outdoor air replaces indoor air. The common measurement is known as “air changes per hour.”
A trained real estate professional should be prepared to (i) counsel buyers and sellers regarding indoor air quality, (ii) recognize potential indoor air quality issues, (iii) understand and explain practices and devices that may be used to improve indoor air quality, and (iv) recommend pre-screened, qualified professionals to assist their home buying and home selling clients. If it is desired by the client, the real estate agent should be able to refer their client to an Indoor Air Quality professional who is trained in identifying potential IAQ issues.
Indoor air quality can be addressed and improved in most cases. There are number of potential sources of indoor air pollutants, including combustion sources and building materials and furnishings. Choosing building materials with low volatile organic compound (VOC) paints, carpets, cabinets, flooring and wood products can dramatically improve air quality.
“Basic Information About Indoor Air Quality”
EPA
http://www.epa.gov/iaq/ia-intro.html
Asbestos
Asbestos is a mineral fiber that was added to a variety of products to provide heat insulation and fire protection. Until the 1970’s many types of building products and insulation contained asbestos, including insulation for pipes and ductwork, floor tiles, shingles, siding and home insulation. These products can release fibers that when inhaled can cause serious damage to lungs. Most household and/or building products today do not contain asbestos. We are all exposed to small amounts of asbestos in our daily lives, but most people exposed to small amounts of asbestos do not develop associated health problems.
A trained real estate professional should be prepared to (i) explain the situations and materials in which asbestos contamination could be found, (ii) describe in non-technical terms the possible health risks related to asbestos, (iii) recommend screened, qualified professionals who can assist with testing, risk assessment and abatement, and (iv) negotiate contractual amendments and extensions to allow for resolution of any problems.
Usually, the best thing to do about asbestos containing materials in homes or buildings is to not disturb them. If the materials are in good condition, they may not be releasing fibers and therefore should not pose a health hazard. This determination, however, should only be made by a qualified environmental specialist and should be documented in writing.
You usually cannot tell if a product contains asbestos by looking at it. The age of the home and a general understanding of the building materials used at the time of its construction can provide clues. Asbestos can only be identified with a special type of testing. If asbestos containing materials are suspected, a trained professional should be hired to sample and test the material, and if necessary, properly remove and dispose of those materials.
Frank is licensed to practice law by both the State of Michigan and the State of Illinois and has recently joined the law firm of DeLoof, Hopper, Dever & Wright in Ann Arbor, Michigan. Frank also maintains an office in Saline, Michigan. The best way to reach Frank is on his cellular phone at (734) 678-7268 or by email at fparkinson@comcast.net