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BUYING A HOME - ENVIRONMENTAL ISSUES

Environmental Inspections

Poor indoor air quality may cause or contribute to health problems, especially for the very young, the elderly, and the disabled. To be sure that you are buying a safe and healthy house, you need to know which products and pollutants you cannot tolerate. High or continuous levels of indoor pollutants may be the result of living in a certain geographic region; the materials, products, and environmental conditions within the house itself; or practices and activities of the people who live there. For example:

• Formaldehyde has been widely used in products such as plywood, particleboard, paneling, permanent-press fabrics, carpeting, and wallpaper.



• Asbestos may be found in older homes in walls and ceiling insulation, textured paints, acoustic ceiling tiles, and home appliances, and wrapped around hot water and steam pipes and heating ducts. The removal of asbestos should always be done by a professional.



• Radon is a colorless, odorless, radioactive gas that comes from the ground. Continual exposure to elevated levels of radon increases the risk of lung cancer. A simple radon test will indicate the presence of the gas.



• Lead contamination in a house is usually the result of lead-based paint, or plumbing systems with lead pipes, lead-based solder in pipe joints, or brass fixtures that contain lead. Lead-based paint chips can be particularly dangerous to small children.



• Buried fuel storage tanks, waste dumpsites, salvage yards, industrial sites, or agricultural operations can create hazards that may remain hidden for many years. An environmental inspection of the site and survey of the history of the area may help identify potential hazards.

Whether you own, or are considering purchasing land, you must consider environmental contamination. If the land is contaminated, its value can be greatly reduced. For example, a new owner, who did not engage in any polluting activity, may be liable for clean-up costs that greatly exceed the value of the land. Since a valuable asset can become a liability, you should exercise caution in any real estate transaction.

Before You Sell

Prevention is by far the best policy. Problems arise when a common product contaminates soil or groundwater, such as: pesticides, gasoline, or manure.

Pesticides must be properly stored and empty containers disposed of correctly. Special caution should be exercised near wells and streams. Storing or mixing of chemicals or rinsing tanks near a wellhead is one of the most common causes of groundwater contamination. In fact, it is a much more common source of difficulty than the improper application of agricultural chemicals on crops.

Leaking underground storage tanks and pipes are another major source of groundwater contamination. Owners should be on the watch for unexplained product loss, odors, and any other indications of problems with tanks. Tanks more than 15 years old should be removed or properly filled with inert material and sealed.

Before You Buy

A prospective buyer should first ask the seller and any real estate professionals involved whether they are aware of environmental problems on the property. The seller may be under no legal obligation to volunteer information about environmental problems. If asked, however, he or she is required to answer truthfully. If the seller does not answer truthfully and a problem is found, he or she can be charged with fraud. If the answer is yes, the buyer obviously should seek further information. Even if the answer is no, remember that there may be problems that the seller honestly does not know about. Further investigation may expose a problem.

Follow up by asking about the presence, age, and condition of any underground storage tanks and septic systems. If the land is a farm, ask questions about the use, storage, and disposal of agricultural chemicals. Also ask about the application of sewage sludge or any other disposal of waste on the property. Industrial property owners should be questioned about the manufacturing process, waste disposal, and previous uses of the property. A major problem with residential property is fuel storage tanks. To be on the safe side, they should be checked.

The next step is a visual inspection of the property. Look for unusual stains on the land or in buildings, dead or abnormal areas of vegetation, unusual odors or liquids, signs of dumping or incineration, and the possibility of contamination from adjoining property. Certain situations clearly will call for further inquiry.

Most buyers will find that there are no environmental concerns with the property. If some questions are raised, however, a more thorough investigation by an engineer or environmental consultant is probably in order. This investigation is called an environmental audit and typically includes soil and water testing and a review of all previous owners and uses of the property.

Because of the potential impact of environmental problems on land values and liability for cleanup, real estate lenders are paying close attention to environmental concerns when making mortgage loans. Even if you are willing to accept the risks that may occur if you fail to make reasonable environmental inquiries, you may find that your lender is insisting upon such measures at your expense.