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Environmental Issuesin Your Real Estate PracticeEnvironmental Issuesin Your Real Estate Practice

Chapter 1 - General IssuesChapter 1 - General Issues

Environmental Issues

Consumer Concerns

Consumer Expectations

Risk Reduction Techniques

Environmental Issues

Consumer Concerns

Consumer Expectations

Risk Reduction Techniques

Real Estate TransactionsAre Different Today

Real Estate TransactionsAre Different Today

Consumers Better InformedInternet

Property Disclosures

Real Estate Licensees as “Gatekeepers”

Environmental Hazards

Service Providers

Litigious Society

Consumers Better InformedInternet

Property Disclosures

Real Estate Licensees as “Gatekeepers”

Environmental Hazards

Service Providers

Litigious Society

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Important Federal LegislationImportant Federal Legislation

National Environmental Policy Act (NEPA)

Environmental Protection Agency (EPA)

National Awareness

Lead-Based Paint Hazardous Reduction Act (LBPHRA)

Federal Gov’t first involved in Residential Real Estate

Introduction Concept of “Disclosure”

National Environmental Policy Act (NEPA)

Environmental Protection Agency (EPA)

National Awareness

Lead-Based Paint Hazardous Reduction Act (LBPHRA)

Federal Gov’t first involved in Residential Real Estate

Introduction Concept of “Disclosure”

LandfillsLandfillsUSTsUSTs

Contaminated WaterContaminated Water

Lead PaintLead Paint

RadonRadon

UFFIUFFI

VOCsVOCs

AsbestosAsbestos

EIFSEIFS

Head in the Sand?Head in the Sand?

Mold

What Do Consumers Want?What Do Consumers Want?

Information

Assistance in Dealing with Problems

Full Disclosure

Advice

Information

Assistance in Dealing with Problems

Full Disclosure

Advice

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Property Disclosure FormsProperty Disclosure FormsOften Required by the State

Caveat Emptor

Red Flag: Agent Should Have Known

Not Guarantee, Not Warranty

Assignment of ResponsibilitySeller Must Disclose

Buyer Must Discover

Present & Discuss Early

Often Required by the StateCaveat Emptor

Red Flag: Agent Should Have Known

Not Guarantee, Not Warranty

Assignment of ResponsibilitySeller Must Disclose

Buyer Must Discover

Present & Discuss Early

BB

RR EE

AA DD

BasicsKnow the Basic ABC’s

BasicsKnow the Basic ABC’s

AskAsk Questions(Due Diligence)

AskAsk Questions(Due Diligence)

ExpertsKnow Who to Call

ExpertsKnow Who to Call

RecordsKeep Accurate Records

RecordsKeep Accurate Records

Disclose Disclose Early and Often

Disclose Disclose Early and Often

Risk Reductionfor Licensees

Risk Reductionfor Licensees

The BREAD Rule

Chapter 2 - Lead-Based PaintChapter 2 - Lead-Based Paint

Lead Characteristics

Why Protect Children

Testing & Clean-Up

Five Federal Requirements

Penalties for Noncompliance

Lead Characteristics

Why Protect Children

Testing & Clean-Up

Five Federal Requirements

Penalties for Noncompliance

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Plumbum (Latin Name for Lead)Plumbum (Latin Name for Lead)

What is Lead?What is Lead?

Heavy, Gray Metal

Soft, Malleable

Galena (Latin Name for Ore)

Heavy, Gray Metal

Soft, Malleable

Galena (Latin Name for Ore)

Plumb LinePlumb Line

PlumbingPlumbing

Effects of Lead in the Human BodyEffects of Lead in the Human Body

Adult SymptomsAccumulates in Bone & Tissues

Anemia, Hypertension, Appendicitis

Gall Bladder Problems

Reproductive Problems

Chronic Lead Poisoning

Adult SymptomsAccumulates in Bone & Tissues

Anemia, Hypertension, Appendicitis

Gall Bladder Problems

Reproductive Problems

Chronic Lead Poisoning

Children and Lead IngestionChildren and Lead IngestionChildren Under Six Most Vulnerable

1 in 11 Children Have Elevated Levels

Excessive Levels AffectNervous System

Learning & Behavior

Coordination

Hearing

Kidneys

Brain

Children Under Six Most Vulnerable

1 in 11 Children Have Elevated Levels

Excessive Levels AffectNervous System

Learning & Behavior

Coordination

Hearing

Kidneys

Brain

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Major Sources of Lead ExposureMajor Sources of Lead Exposure

Paint

Air

Food

Surface Dust and Soil

Drinking Water

Paint

Air

Food

Surface Dust and Soil

Drinking Water

Lead PoisoningLead Poisoning

Blood Screen Test: Micrograms per Deciliter (ug/dl)

Levels in ChildrenPoisoned: Above 15 ug/dl

Medical Emergency: Above 45 ug/dl

Estimated Average Levels1960s 26 ug/dl

1970s 12.8 ug/dl

Today 2.8 ug/dl

Blood Screen Test: Micrograms per Deciliter (ug/dl)

Levels in ChildrenPoisoned: Above 15 ug/dl

Medical Emergency: Above 45 ug/dl

Estimated Average Levels1960s 26 ug/dl

1970s 12.8 ug/dl

Today 2.8 ug/dl

Treating Lead PoisoningTreating Lead Poisoning

Discover & Eliminate Source

Body Eliminates

May Require Chelation

BEST: Avoid Contamination!

Discover & Eliminate Source

Body Eliminates

May Require Chelation

BEST: Avoid Contamination!

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Testing for LeadTesting for Lead

Chemical Spot Testing

Paint Scrapings

X-Ray Florescence

Chemical Spot Testing

Paint Scrapings

X-Ray Florescence

Cleaning Up Lead-Based PaintCleaning Up Lead-Based Paint

Replacement

Encapsulation

Off-Site Chemical Stripping

Wet Scraping

Heat Guns

Replacement

Encapsulation

Off-Site Chemical Stripping

Wet Scraping

Heat Guns

Efforts to Reduce Lead UseEfforts to Reduce Lead Use

Early 1970s: Leaded Gasoline Banned

1978 - Banned Lead Use in Paint

1992 - Lead-Based Paint Hazard Reduction Act (LBPHRA)

Early 1970s: Leaded Gasoline Banned

1978 - Banned Lead Use in Paint

1992 - Lead-Based Paint Hazard Reduction Act (LBPHRA)

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Sellers/LandlordsFive Basic Requirements of LBPHRA

Sellers/LandlordsFive Basic Requirements of LBPHRA

Disclose Known Hazards in pre-1978 Residences

Give Buyers & Tenants Copies of Records

Provide Pamphlet “Protect Your Family from Lead in Your Home”

Provide Buyers Opportunity to Test

Leases/Agreements Must Include Specified Disclosure & Acknowledgment Language

Disclose Known Hazards in pre-1978 Residences

Give Buyers & Tenants Copies of Records

Provide Pamphlet “Protect Your Family from Lead in Your Home”

Provide Buyers Opportunity to Test

Leases/Agreements Must Include Specified Disclosure & Acknowledgment Language

Target HousingTarget Housing

Older HomesOlder Homes

Who Must ComplyWho Must Comply

Landlords

Sellers

Renovators

Real Estate Agents

Retain Documents for Three Years

Landlords

Sellers

Renovators

Real Estate Agents

Retain Documents for Three Years

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ExemptionsExemptionsProperty Sold at Foreclosure

Rental Property Certified “Lead Paint Free”

Short Term Rentals

Renewals of Existing Leases

Units With No Bedrooms

Housing for Elderly or Disabled

Property Sold at Foreclosure

Rental Property Certified “Lead Paint Free”

Short Term Rentals

Renewals of Existing Leases

Units With No Bedrooms

Housing for Elderly or Disabled

Agents Can Avoid ProblemsAgents Can Avoid Problems

Contact State Health Officials

Use Appropriate Responses to Consumer Questions

Take Time to Discuss with Families with Small Children

Contact State Health Officials

Use Appropriate Responses to Consumer Questions

Take Time to Discuss with Families with Small Children

Penalties for Non-Compliance

Penalties for Non-Compliance

Up to $11,000 for Each Violation

Up to One Year Imprisonment

Both of Above

Claims Under State Laws

Up to Three Times the Damages

Up to $11,000 for Each Violation

Up to One Year Imprisonment

Both of Above

Claims Under State Laws

Up to Three Times the Damages

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Disclosure FormsDisclosure FormsNo One Must Test or Abate

Discuss Early as Possible

Disclosure RequirementsExactly As EPA FormsSeller/Lessor DisclosurePurchaser/Lessee Receipt of Disclosure10-Day Test Period (or Waiver)Agent Must Advise of ObligationsAccuracy Certification

Contingency Clauses

No One Must Test or Abate

Discuss Early as Possible

Disclosure RequirementsExactly As EPA FormsSeller/Lessor DisclosurePurchaser/Lessee Receipt of Disclosure10-Day Test Period (or Waiver)Agent Must Advise of ObligationsAccuracy Certification

Contingency Clauses

Effect on Real Estate TransactionsEffect on Real Estate Transactions

Agents Must Be Actively Involved

Contingency Wording Is Critical

Agents Must Be Actively Involved

Contingency Wording Is Critical

Contingency Clause IssuesContingency Clause Issues

Testing Period Spelled Out

Specific Lead Levels

Right of Rescission

Earnest Money Disposition

Marketing Status During Testing

Abatement Time Frame/Cost Limits

Cleanup Responsibilities

Testing Period Spelled Out

Specific Lead Levels

Right of Rescission

Earnest Money Disposition

Marketing Status During Testing

Abatement Time Frame/Cost Limits

Cleanup Responsibilities

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Additional Sources of InformationAdditional Sources of Information

National Lead Information Center

(800) 424-LEAD

www.nsc.org/lead

Housing & Urban Development (HUD)

(888) 532-3547

www.leadlisting.org

National Lead Information Center

(800) 424-LEAD

www.nsc.org/lead

Housing & Urban Development (HUD)

(888) 532-3547

www.leadlisting.org

Chapter 3 – RadonChapter 3 – Radon

Health Effects

Entering Buildings

EPA’s Action Level

Remediation and Costs

Discussing Radon with Consumers

Health Effects

Entering Buildings

EPA’s Action Level

Remediation and Costs

Discussing Radon with Consumers

What is Radon?What is Radon?

A Gas

Occurs Naturally

Can’t See or Smell

Comes From Ground

Measured as pCi/L (Pico Curies per Liter)

Decay Product of Uranium

A Gas

Occurs Naturally

Can’t See or Smell

Comes From Ground

Measured as pCi/L (Pico Curies per Liter)

Decay Product of Uranium

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Forces Drawing Radon into Buildings

Forces Drawing Radon into Buildings

Thermal Stack EffectHeat rises up through houseThermal Stack EffectHeat rises up through house

Exhaust SystemsAttic & bath fans, clothes dryers

Exhaust SystemsAttic & bath fans, clothes dryers

Radon drawn into house through cracks and gaps in foundation

Radon drawn into house through cracks and gaps in foundation

Damage to Lung TissueDamage to Lung Tissue

Inhalation of Radon Decay

Products

Inhalation of Radon Decay

Products

Alpha ParticleAlpha Particle

Radiation Damage to DNARadiation Damage to DNA

Action Levelvs.

Safe Level

Action Levelvs.

Safe Level

SAFE

No Safe LevelNo Safe Level

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Cause of CancerCause of Cancer

Annual Deaths (Estim.)

Annual Deaths (Estim.)

RadonRadon PesticidePesticideon Foodon Food

ToxicToxicOutdoor Outdoor

AirAir

HazardousHazardousWasteWasteSiteSite

PesticidePesticideApplicApplic

0 0

2,000 2,000

4,000 4,000

6,000 6,000

8,000 8,000

10,000 10,000

12,000 12,000

14,000 14,000

Comparison to Other Cancer Risks

Comparison to Other Cancer Risks

Lung Cancer Risk per 1,000 PeopleLung Cancer Risk per 1,000 People

Lifetime Avg. Exposure (pCi/L)Lifetime Avg. Exposure (pCi/L)

RadonLevelRadonLevel

4

10

20

4

10

20

Non-SmokerNon-Smoker

2

4

8

2

4

8

29

71

135

29

71

135

SmokerSmoker

Radon PotentialPredicted Average Readings

(pico curies per liter)

Radon PotentialPredicted Average Readings

(pico curies per liter)

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Levels Vary House to House

Levels Vary House to House

Strong Radon SourceStrong Radon Source

SubsurfaceSubsurface

Loose SoilLoose Soil

Dense SoilDense Soil

Radon TestingRadon TestingTimes

BEST: 90 days

Real estate Transactions: 48 hours

Testing DevicesPassive

Active

Preventing Test Tampering

Testing Tips

TimesBEST: 90 days

Real estate Transactions: 48 hours

Testing DevicesPassive

Active

Preventing Test Tampering

Testing Tips

Tips for TestingTips for Testing

Avoid Drafts

Avoid Kitchens and Bathrooms

Avoid Weather Extremes

Use Independent Tester

Avoid Drafts

Avoid Kitchens and Bathrooms

Avoid Weather Extremes

Use Independent Tester

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Sub-Slab SuctionSub-Slab Suction

Radon GasRadon Gas

Suction Below Slab

Suction Below Slab

Cracks Sealed In Basement Floors & Walls

Cracks Sealed In Basement Floors & Walls

FanFan

Sump Sealed & Vented

Sump Sealed & Vented

PVC Pipes InstalledPVC Pipes Installed

Building Radon-Resistant HomesBuilding Radon-Resistant Homes

Best and Least Costly Method

Additional Cost Typically $350 to $500

EPA, ASTM and CABO Building Standards

Best and Least Costly Method

Additional Cost Typically $350 to $500

EPA, ASTM and CABO Building Standards

Playing With FirePlaying With Fire

House tested safe

There is no radon ...

I never heard ...

I know an agent ...

Let’s see if we can get you a ...

The only people concerned are relocation companies ...

House tested safe

There is no radon ...

I never heard ...

I know an agent ...

Let’s see if we can get you a ...

The only people concerned are relocation companies ...

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Additional Sources of InformationAdditional Sources of Information

EPA Web site: www.epa.gov/iaq/radon

Other Pamphlets

EPA Web site: www.epa.gov/iaq/radon

Other Pamphlets

Chapter 4 – MoldChapter 4 – Mold

Characteristics of Molds

Conditions for Growth

Steps to Avoid Mold Growth

Mold Health Risks

Remediating Mold Contamination

Characteristics of Molds

Conditions for Growth

Steps to Avoid Mold Growth

Mold Health Risks

Remediating Mold Contamination

Mold Cleanup – Topeka, KS

Photo: Topeka Capital Journal

Why Mold Is An Issue for REALTORS®

Why Mold Is An Issue for REALTORS®

Major Lawsuits & Publicity

High-risk Issue for REALTORS®

Statute of Limitations often 5 years

Boom Times for Sales

Joins Radon, Asbestos & Lead Paint as Potential Home Hazard

Few Guidelines to Avoid Liability

Major Lawsuits & Publicity

High-risk Issue for REALTORS®

Statute of Limitations often 5 years

Boom Times for Sales

Joins Radon, Asbestos & Lead Paint as Potential Home Hazard

Few Guidelines to Avoid Liability

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Construction IssuesConstruction Issues

Sealed HousesInteriors become “giant Petri dishes”

IAQ 10 – 200 times worse than ambient outdoor air

Cellulosic ConstructionMaterials

Drywall

Particle & Pressed Board

Health & Lifestyle Issues

Sealed HousesInteriors become “giant Petri dishes”

IAQ 10 – 200 times worse than ambient outdoor air

Cellulosic ConstructionMaterials

Drywall

Particle & Pressed Board

Health & Lifestyle Issues

Heat pumps & A/C units

Use non-chlorine based cleaners

Basements &Crawlspaces

WaterproofWallcoverings

Heat pumps & A/C units

Use non-chlorine based cleaners

Basements &Crawlspaces

WaterproofWallcoverings

Special SituationsSpecial Situations

Dirty-Socks SyndromeDirty-Socks Syndrome

Photo source: EPA web sitePhoto source: EPA web site

Mold Inside DuctworkMold Inside Ductwork

What Molds AreWhat Molds Are

Microscopic Organisms Devoid of Chlorophyll

Member of Fungi Family

Related to Lichens and Yeasts

Mildew: layman’s term for mold coating or stains

150,000 known species probably only 10% of total

Microscopic Organisms Devoid of Chlorophyll

Member of Fungi Family

Related to Lichens and Yeasts

Mildew: layman’s term for mold coating or stains

150,000 known species probably only 10% of total

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Mold Requirements to ThriveMold Requirements to Thrive

Food Source (Cellulosic)

Wood, Paper

Ceiling Tile

Canvas

Upholstery

Moisture (55% RH)From Leaks or Trapped Moisture

Basements, Closets, Wall Interiors

Food Source (Cellulosic)

Wood, Paper

Ceiling Tile

Canvas

Upholstery

Moisture (55% RH)From Leaks or Trapped Moisture

Basements, Closets, Wall Interiors

Mold GrowthMold Growth

Often In Round Formations

Grows Into Pores and Crevices

Mold vs. Mildew

Often In Round Formations

Grows Into Pores and Crevices

Mold vs. Mildew

Molds Can Make People SickMolds Can Make People Sick

Mold EffectsMicrobial VOCs

Spores

Mycotoxins

Mold EffectsMicrobial VOCs

Spores

Mycotoxins

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Toxic MoldsToxic Molds

Toxic DefinitionCapable of causing injury or death, especially by chemical means; poisonous

Toxic DefinitionCapable of causing injury or death, especially by chemical means; poisonous

Toxic MoldsToxic Molds

Stachybotrys “Stachy”

Slimy Black Mold

Needs Major Water Intrusion

Most Publicized Indoor Toxic Species

Fast Growing (2–3 Days)

Can Cause Lung Hemorrhaging in Infants

Toxins Have Biological Weapons Potential

Stachybotrys “Stachy”

Slimy Black Mold

Needs Major Water Intrusion

Most Publicized Indoor Toxic Species

Fast Growing (2–3 Days)

Can Cause Lung Hemorrhaging in Infants

Toxins Have Biological Weapons Potential

Effect on HumansEffect on HumansAllergenic Effects

Allergic Rhinitis (cold symptoms)

Asthma aggravation

Dermatitis (red itchy skin blotches)

Hypersensitivity Pneumonitis

May occur after repeated or severe exposure

May result in permanent lung damage

Chronic Sinusitis

Allergenic EffectsAllergic Rhinitis (cold symptoms)

Asthma aggravation

Dermatitis (red itchy skin blotches)

Hypersensitivity Pneumonitis

May occur after repeated or severe exposure

May result in permanent lung damage

Chronic Sinusitis

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Health Effects of Toxic MoldsHealth Effects of Toxic Molds

Internal Bleeding In Infants

Nerve Cell Damage

Severe Headaches

Chronic Fatigue

Chronic Respiratory Problems

Memory Loss

Internal Bleeding In Infants

Nerve Cell Damage

Severe Headaches

Chronic Fatigue

Chronic Respiratory Problems

Memory Loss

Individuals at RiskIndividuals at Risk

Infants, Children & Elderly

Immune-CompromisedHIV

Cancer Chemotherapy

Liver Disease, etc.

Pregnant Women

Respiratory ConditionsAsthma

Known Mold Allergies

Infants, Children & Elderly

Immune-CompromisedHIV

Cancer Chemotherapy

Liver Disease, etc.

Pregnant Women

Respiratory ConditionsAsthma

Known Mold Allergies

Mold Prevention In HomesMold Prevention In Homes

Controlling Moisture Is Key

Basements Particularly Susceptible

Control MeasuresCheck windows, A/Cs, and Humidifiers

Keep Humidity Below 55%

Use A/C or Dehumidifier

Adequate Ventilation

Mold Inhibitors in Paints

Carpeting Issues

Controlling Moisture Is Key

Basements Particularly Susceptible

Control MeasuresCheck windows, A/Cs, and Humidifiers

Keep Humidity Below 55%

Use A/C or Dehumidifier

Adequate Ventilation

Mold Inhibitors in Paints

Carpeting Issues

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Condensation

Air ExchangersAir ExchangersProvide Fresh Air to Sealed Houses

Does Not Kill Molds or Spores

Reduces Indoor Air Humidity

Provide Fresh Air to Sealed Houses

Does Not Kill Molds or Spores

Reduces Indoor Air Humidity

Air PurifiersAir Purifiers

UV Air PurifiersUV Air Purifiers

Oxidizing UV SourceOxidizing UV Source

Germicidal UV SourceGermicidal UV Source

ContaminatedAir

ContaminatedAir

PurifiedAir

PurifiedAir

UV ReflectiveTube

UV ReflectiveTube

HEPA FiltersHEPA Filters

VirusVirusBacteriaBacteria

MoldMold

HumanHair

HumanHair

Testing MethodsTesting Methods

Air SamplingViable (culturable)

Spore Trap Sampling

Comparison to Outdoor Samples

No Government Standards Yet

Problem Indicators

Surface Lifting

Destructive Testing

Testers at Risk!

Air SamplingViable (culturable)

Spore Trap Sampling

Comparison to Outdoor Samples

No Government Standards Yet

Problem Indicators

Surface Lifting

Destructive Testing

Testers at Risk!

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AbatementAbatementCan’t Just Spray It Away

Look Below the Surface

Biases May Be Blinding

Ask About Old Damage

Hire theRight Person

Can’t Just Spray It Away

Look Below the Surface

Biases May Be Blinding

Ask About Old Damage

Hire theRight Person

Photo source: EPA web sitePhoto source: EPA web site

Levels of ContaminationLevels of Contamination

Level I (10 sf or less)

Wear Gloves, Eye Protection & Mask

Remove Contamination in Sealed Bags

Mop & Dry Contaminated Work Areas

Level II (10 to 30 sf)

Same as Level I Plus

Cover Mold and Seal before Removal

HEPA Vacuum Work Area

Level I (10 sf or less)

Wear Gloves, Eye Protection & Mask

Remove Contamination in Sealed Bags

Mop & Dry Contaminated Work Areas

Level II (10 to 30 sf)

Same as Level I Plus

Cover Mold and Seal before Removal

HEPA Vacuum Work Area

Levels of ContaminationLevels of Contamination

Level III, IV, V (more than 30 sq. ft.)

Vacate Premises

Use Professionals

Level III, IV, V (more than 30 sq. ft.)

Vacate Premises

Use Professionals

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Mold In a Real Estate TransactionMold In a Real Estate Transaction

No Federal Guidelines

Most State GuidelinesSellers Disclose

Buyers Discover

Follow up Unusual Smells

Encourage Testing

No Federal Guidelines

Most State GuidelinesSellers Disclose

Buyers Discover

Follow up Unusual Smells

Encourage Testing

DiscoveryDiscovery

Apply Sniff Test

Look for Moisture

Encourage Buyers to TestHome Inspectors to Work for Buyer

Be Aware of Artificially Scented Homes

Apply Sniff Test

Look for Moisture

Encourage Buyers to TestHome Inspectors to Work for Buyer

Be Aware of Artificially Scented Homes

Chapter 5 – AsbestosChapter 5 – Asbestos

Asbestos Characteristics

Asbestos Health Hazards

Friable and Nonfriable Asbestos

Solutions to Asbestos Problems

Asbestos Characteristics

Asbestos Health Hazards

Friable and Nonfriable Asbestos

Solutions to Asbestos Problems

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What is Asbestos?What is Asbestos?

Naturally Occurring Mineral

Very Fire Resistant

Used By Greeks & Romans

Found In Fibrous Rock Form

Naturally Occurring Mineral

Very Fire Resistant

Used By Greeks & Romans

Found In Fibrous Rock Form

Asbestos Is Harmful to HumansAsbestos Is Harmful to Humans

Classified As a CarcinogenMesothelioma

Asbestosis

Digestive System Cancers

Lung Cancer

No “Safe” Limits

Very Small Fibers

Classified As a CarcinogenMesothelioma

Asbestosis

Digestive System Cancers

Lung Cancer

No “Safe” Limits

Very Small Fibers

Sources of Asbestos ExposureSources of Asbestos Exposure

Inhalation

Asbestos-containing Materials (ACMs)

Outdoors: Shingles, Siding, and Concrete

Indoors: Insulation, Floor Tiles, Furnace/Wood Stove Door Gaskets, Others

Inhalation

Asbestos-containing Materials (ACMs)

Outdoors: Shingles, Siding, and Concrete

Indoors: Insulation, Floor Tiles, Furnace/Wood Stove Door Gaskets, Others

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Types of AsbestosTypes of Asbestos

FriableFireproofing on Structural Beams

Acoustic Insulation

Non-FriableAsbestos Cement

Asphalt Floor Tiles

Not Easily Recognized

FriableFireproofing on Structural Beams

Acoustic Insulation

Non-FriableAsbestos Cement

Asphalt Floor Tiles

Not Easily Recognized

Testing for AsbestosTesting for Asbestos

Bulk Sampling

Air Sample Testing

Transmission Electron Microscopy (TEM)

Use Trained Professionals

Bulk Sampling

Air Sample Testing

Transmission Electron Microscopy (TEM)

Use Trained Professionals

Dealing with AsbestosDealing with Asbestos

Encapsulation

Enclosure

Removal

Encapsulation

Enclosure

Removal

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Asbestos AbatementAsbestos Abatement

Must Use Professionals

Check Credentials and References

Check EPA for State Certification Requirements

Check NIST for List of Certified Labs

Must Use Professionals

Check Credentials and References

Check EPA for State Certification Requirements

Check NIST for List of Certified Labs

Importance for Real Estate Licensees

Importance for Real Estate Licensees

Encourage Testing by Certified Testers

Do Not Try to Remove

Be Cautious about Offering Opinion

Encourage Testing by Certified Testers

Do Not Try to Remove

Be Cautious about Offering Opinion

Chapter 6 - VOCsVolatile Organic Compounds

Chapter 6 - VOCsVolatile Organic Compounds

Formaldehyde Health Hazards

Urea Formaldehyde Foam Insulation (UFFI)

Identify Pesticides & their Health Issues

Concerns about Pest Control Companies

Sick Building Syndrome (SBS)

Building-Related Illness (BRI)

Formaldehyde Health Hazards

Urea Formaldehyde Foam Insulation (UFFI)

Identify Pesticides & their Health Issues

Concerns about Pest Control Companies

Sick Building Syndrome (SBS)

Building-Related Illness (BRI)

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What Are VOCs?What Are VOCs?Chemical Category “Aromatic Hydrocarbons”

Materials that Readily Emit Gasses

Paint Thinners

Dry Cleaning Fluids

Gasoline

Indoor VOC Levels Often Exceed Outdoor Levels

Chemical Category “Aromatic Hydrocarbons”

Materials that Readily Emit Gasses

Paint Thinners

Dry Cleaning Fluids

Gasoline

Indoor VOC Levels Often Exceed Outdoor Levels

Hydrocarbon MoleculeHydrocarbon Molecule

FormaldehydeFormaldehyde

Common Indoor Air PollutantEasily Identified and Measured

Colorless, Organic Chemical With Strong Odor

Highly Flammable

Probable Carcinogen

Common Indoor Air PollutantEasily Identified and Measured

Colorless, Organic Chemical With Strong Odor

Highly Flammable

Probable Carcinogen

Health HazardsHealth Hazards

No Safe Level

Allergenic for ManyBreathing Difficulties

Cold-like Symptoms

Avoid Manmade Products

No Safe Level

Allergenic for ManyBreathing Difficulties

Cold-like Symptoms

Avoid Manmade Products

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Formaldehyde IssuesFormaldehyde IssuesMany Home Construction Materials

Particle Board, Foam Insulation, Sealants

Paper Products & Cleaning Supplies

Floor Coverings

Permanent Press Fabrics

Household Items

(UFFI) Urea Formaldehyde Foam Insulation

Pesticides, Fungicides, Insecticides

Many Home Construction MaterialsParticle Board, Foam Insulation, Sealants

Paper Products & Cleaning Supplies

Floor Coverings

Permanent Press Fabrics

Household Items

(UFFI) Urea Formaldehyde Foam Insulation

Pesticides, Fungicides, Insecticides

Installing UFFI Insulation

Installing UFFI Insulation

Testing for FormaldehydeTesting for Formaldehyde

Home Test Kits for “Ballpark” Estimates

Professionals More Accurate

No “Safe” or “Allowable” Limits

Homeowners Can Reduce Exposure

Home Test Kits for “Ballpark” Estimates

Professionals More Accurate

No “Safe” or “Allowable” Limits

Homeowners Can Reduce Exposure

Real Estate ConcernsReal Estate Concerns

State Property Disclosure Forms

Sensitive IndividualsAvoid Newer Homes

Use Low or Free of Urea Formaldehyde

State Property Disclosure Forms

Sensitive IndividualsAvoid Newer Homes

Use Low or Free of Urea Formaldehyde

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PesticidesPesticides

Plant Growth Regulators & Disinfectants

Insecticides, Herbicides, Fungicides, Rodenticides

Record-Keeping Requirements

Only for Some

Most Exposures Indoors

Plant Growth Regulators & Disinfectants

Insecticides, Herbicides, Fungicides, Rodenticides

Record-Keeping Requirements

Only for Some

Most Exposures Indoors

Health HazardsHealth Hazards

Limited Exposures or Long-term

Determining FactorsToxicity

Dose

Route of Absorption

Duration of Risk

Limited Exposures or Long-term

Determining FactorsToxicity

Dose

Route of Absorption

Duration of Risk

Regulating PesticidesRegulating Pesticides

EPA Registrations

Exposure through WaterCommercial Farm Herbicide Use

Misapplication of Lawn Care Products

Exposure through the Air

Exposure Inside the Home

EPA Registrations

Exposure through WaterCommercial Farm Herbicide Use

Misapplication of Lawn Care Products

Exposure through the Air

Exposure Inside the Home

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Required Items

Required Items

4

3

5

6

78

Pesticide Labels

Pesticide Labels

Pesticide Labels ARE the Law

Pesticide Labels ARE the Law

Potential for Criminal Prosecution

High Risk for Civil Lawsuit

Potential for Criminal Prosecution

High Risk for Civil Lawsuit

Real Estate ConcernsReal Estate Concerns

State Regulations

Right-to-Know Laws

Choosing a Pest Control Company

State Regulations

Right-to-Know Laws

Choosing a Pest Control Company

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Problems in Commercial BuildingsProblems in Commercial BuildingsSick Building Syndrome (SBS)

20% Complain of Discomfort

Feel Better Outside Building

Building-Related Illness (BRI)

Identifiable Personal Injury

Direct Link to Causative Agent

Sick Building Syndrome (SBS)20% Complain of Discomfort

Feel Better Outside Building

Building-Related Illness (BRI)

Identifiable Personal Injury

Direct Link to Causative Agent

Chapter 7 - Drinking WaterChapter 7 - Drinking Water

Importance of Clean Water

Water Contaminants & Health Hazards

Methods to Remove Contaminants

Importance of Well Testing

Importance of Clean Water

Water Contaminants & Health Hazards

Methods to Remove Contaminants

Importance of Well Testing

Importance of Clean WaterImportance of Clean Water

Humans Approximately 66% Water

Assists Digestion, Food Absorption, etc.

Earth Surface is 70% Water1% is Drinkable

Tap Water is Generally Safe

No Standards for Bottled Water

Humans Approximately 66% Water

Assists Digestion, Food Absorption, etc.

Earth Surface is 70% Water1% is Drinkable

Tap Water is Generally Safe

No Standards for Bottled Water

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Common Water ContaminantsCommon Water Contaminants

Nitrates

Lead

Radon

VOCs

Pesticides

Chlorine

Giardia & Cryptosporidium

Nitrates

Lead

Radon

VOCs

Pesticides

Chlorine

Giardia & Cryptosporidium

Safe WaterSafe Water

Source Protection

Regular Testing

Federal LawsSafe Drinking Water Act (SWDA)

1996, 2000 Amendments

Source Protection

Regular Testing

Federal LawsSafe Drinking Water Act (SWDA)

1996, 2000 Amendments

Real Estate TransactionsReal Estate Transactions

Disclosure FormsWater Source

Testing Reports

Buyers Can Negotiate Before, Not After, Closing

Water FiltersEach Faucet (point-of-use)

Where Water Enters Home (point-of-entry)

Reverse Osmosis

Clean Frequently

Disclosure FormsWater Source

Testing Reports

Buyers Can Negotiate Before, Not After, Closing

Water FiltersEach Faucet (point-of-use)

Where Water Enters Home (point-of-entry)

Reverse Osmosis

Clean Frequently

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Chapter 8Other Indoor Pollutants

Chapter 8Other Indoor Pollutants

Conditions for Biological Growth

Preventing Biological Pollutants

Combustion Pollutants & Health Issues

Toxic Issues with Methamphetamine Production

Procedures to Mitigate Meth Buildings

Conditions for Biological Growth

Preventing Biological Pollutants

Combustion Pollutants & Health Issues

Toxic Issues with Methamphetamine Production

Procedures to Mitigate Meth Buildings

Biological PollutantsBiological Pollutants

Are or Were Living OrganismsAnimal Dander, Dust Mites, Cockroach Parts

Infectious Diseases

Conditions Necessary for Growth

Nutrition Source

Moisture

Moderate Temperature

Are or Were Living OrganismsAnimal Dander, Dust Mites, Cockroach Parts

Infectious Diseases

Conditions Necessary for Growth

Nutrition Source

Moisture

Moderate Temperature

Health IssuesHealth Issues

Allergic Reactions

Asthma Attacks

Specific Illnesses

SBS and BRI

Allergic Reactions

Asthma Attacks

Specific Illnesses

SBS and BRI

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Preventing and/or Eliminating Biological Pollutants

Preventing and/or Eliminating Biological Pollutants

Source Control

Ventilation Improvements

Air Cleaners

Source Control

Ventilation Improvements

Air Cleaners

Tips for Real Estate AgentsTips for Real Estate Agents

Encourage Inspections by Third Parties

Be Aware of Unusual Smells

Check for Leaks or Moisture Problems

Encourage Buyers to Ask about Pets

Note Water Stains on Ceilings, Floors, & Carpeting

Encourage Inspections by Third Parties

Be Aware of Unusual Smells

Check for Leaks or Moisture Problems

Encourage Buyers to Ask about Pets

Note Water Stains on Ceilings, Floors, & Carpeting

Combustion Pollutants

Combustion Pollutants

Gases or Particles from Burning Materials

Ash Particulates

Carbon Monoxide

Colorless, Odorless, Tasteless

High Concentrations May Cause Death

Environmental Tobacco Smoke (ETS)

Reducing Combustion Pollutants

Gases or Particles from Burning Materials

Ash Particulates

Carbon Monoxide

Colorless, Odorless, Tasteless

High Concentrations May Cause Death

Environmental Tobacco Smoke (ETS)

Reducing Combustion Pollutants

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Tips for Real Estate AgentsTips for Real Estate Agents

Avoid Use of Space Heaters

Encourage Independent Inspections of Heating & A/C Units before Closing

Seller Should Fully Disclose Working Conditions of all Combustion Devices

Install Carbon Monoxide Detectors

Avoid Use of Space Heaters

Encourage Independent Inspections of Heating & A/C Units before Closing

Seller Should Fully Disclose Working Conditions of all Combustion Devices

Install Carbon Monoxide Detectors

MethamphetaminesMethamphetamines

Illegal, Addictive, Mood-Altering Drugs

Crank

Crystal-Meth

Glass, Ice

Others

Toxic Chemicals Contaminate Properties

Illegal, Addictive, Mood-Altering Drugs

Crank

Crystal-Meth

Glass, Ice

Others

Toxic Chemicals Contaminate Properties

Meth LabsMeth LabsEasy to Make with Easy-to-Obtain Materials

Highly Flammable

Toxic VOCs

Severely Corrosive, Caustic, or Poisonous

May Involve Toxic Metals

Facilities May be More Toxic than EPA-Registered Sites

Fumes

Toxic Wastes

Easy to Make with Easy-to-Obtain Materials

Highly Flammable

Toxic VOCs

Severely Corrosive, Caustic, or Poisonous

May Involve Toxic Metals

Facilities May be More Toxic than EPA-Registered Sites

Fumes

Toxic Wastes

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Impact on Real Estate TransactionsImpact on Real Estate Transactions

Proper CleanupsRemoval

Ventilation

Neutralization

Encapsulation

Proper Disclosure

Proper CleanupsRemoval

Ventilation

Neutralization

Encapsulation

Proper Disclosure

Chapter 9Underground Storage Tanks

Chapter 9Underground Storage Tanks

Underground Storage Tanks (USTs)

Tests for Leaking USTs (LUSTs)

Tanks that are Exempt from Registration Compliance

Underground Storage Tanks (USTs)

Tests for Leaking USTs (LUSTs)

Tanks that are Exempt from Registration Compliance

Underground Storage TanksUnderground Storage Tanks

More than 10 percent Underground

Bare Steel Construction Corrodes

Leaks Can Cause Fires or Explosions

Contaminate Groundwater Sources

Found Everywhere, Even Residential Properties

More than 10 percent Underground

Bare Steel Construction Corrodes

Leaks Can Cause Fires or Explosions

Contaminate Groundwater Sources

Found Everywhere, Even Residential Properties

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Containing LUSTsContaining LUSTs

TestingSoil Borings

Tank Integrity Tests

Soil Vapor

Cleaning Up

TestingSoil Borings

Tank Integrity Tests

Soil Vapor

Cleaning Up

New USTs Safety FeaturesNew USTs Safety Features

Water Table

Double Walled TankDouble Walled Tank

Soil MonitorSoil Monitor

Catchments LinerCatchments Liner

In-tank MonitorIn-tank Monitor

Tank Pressure MonitorTank Pressure Monitor Overflow

BasinOverflow

Basin

Water Table

Monitor

Water Table

Monitor

Tips for Real Estate AgentsTips for Real Estate Agents

Federal Laws & RegulationsResource Conservation & Recovery Act (RCRA)

Hazardous & Solid Waste Amendments Act

Superfund Amendments & Reauthorization Act (SARA)

Affected Owners & Operators

Exempt Owners

Federal Laws & RegulationsResource Conservation & Recovery Act (RCRA)

Hazardous & Solid Waste Amendments Act

Superfund Amendments & Reauthorization Act (SARA)

Affected Owners & Operators

Exempt Owners

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Chapter 10Waste Sites & Toxic Substances

Chapter 10Waste Sites & Toxic Substances

Major Environmental Protection Laws

EPA’s Hazard Ranking System (HRS)

EPA Chemical Substance Inventory

Brownfields Characteristics

Major Environmental Protection Laws

EPA’s Hazard Ranking System (HRS)

EPA Chemical Substance Inventory

Brownfields Characteristics

CERCLA Comprehensive Environmental Response,

Compensation, and Liability Act

CERCLA Comprehensive Environmental Response,

Compensation, and Liability Act

Superfund Act

Authorized EPA to Identify Hazardous Waste Sites

Created Trust Fund for Cleanups

Authorized Short Term & Long Term Actions for Cleanups

Superfund Act

Authorized EPA to Identify Hazardous Waste Sites

Created Trust Fund for Cleanups

Authorized Short Term & Long Term Actions for Cleanups

SARA Superfund Amendments &

Reauthorization Act

SARA Superfund Amendments &

Reauthorization Act

Renewed & Amended CERCLA

Increased EPA Enforcement Authority

Increased Superfund

Revised Hazard Ranking System (HRS)

Scores Only on Initial Studies

Does Not Set Funding Priorities

Renewed & Amended CERCLA

Increased EPA Enforcement Authority

Increased Superfund

Revised Hazard Ranking System (HRS)

Scores Only on Initial Studies

Does Not Set Funding Priorities

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TSCA Toxic Substances Control Act

TSCA Toxic Substances Control Act

Authorizes EPA to Track Known Chemicals

800+ Known to be Toxic

EPA Can Ban or Restrict Manufacture & Importation

Chemical Substance Inventory

Authorizes EPA to Track Known Chemicals

800+ Known to be Toxic

EPA Can Ban or Restrict Manufacture & Importation

Chemical Substance Inventory

TSCA Chemical Substance Inventory

TSCA Chemical Substance Inventory

Many Not Hazardous

Some are Banned or Restricted Use

CFCs

PCBs

MTBE

TCE

Others

Many Not Hazardous

Some are Banned or Restricted Use

CFCs

PCBs

MTBE

TCE

Others

BrownfieldsBrownfields

Economically DepressedReal or Perceived Contamination

Older Urban Sites Unmarketable

Brownfields Law

More Flexible Approach

Protects Lenders

Protects Potential Purchasers

Many Sites Now Marketable

Economically DepressedReal or Perceived Contamination

Older Urban Sites Unmarketable

Brownfields Law

More Flexible Approach

Protects Lenders

Protects Potential Purchasers

Many Sites Now Marketable

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Impact on Real Estate LicenseesImpact on Real Estate Licensees

Use Environmentally Safe Products

Environmental IssuesImpact on Value for Sellers, Buyers

Impact on Property Managers

Learn New Rules and Attitudes

Use Environmentally Safe Products

Environmental IssuesImpact on Value for Sellers, Buyers

Impact on Property Managers

Learn New Rules and Attitudes

Chapter 11Construction Issues

Chapter 11Construction Issues

EIFS Characteristics

Problems with Pressure-Treated Woods

List Alternatives

EIFS Characteristics

Problems with Pressure-Treated Woods

List Alternatives

EIFS Exterior Insulation and Finish Systems

EIFS Exterior Insulation and Finish Systems

Synthetic Stucco

Virtually Indestructible

ProblemsNot Do-It-Yourself Installation

Traps Water

Permits Molds

Damages Building Materials

Lawsuits

Synthetic Stucco

Virtually Indestructible

ProblemsNot Do-It-Yourself Installation

Traps Water

Permits Molds

Damages Building Materials

Lawsuits

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EIFS ConstructionEIFS Construction

FramingFraming

SheathingSheathing

Vapor BarrierVapor Barrier

Furring StripsFurring Strips

InsulationInsulation

Reinforcing MeshReinforcing Mesh

Synthetic Stucco Finish Coat

Synthetic Stucco Finish Coat

Continuing EIFS IssuesContinuing EIFS Issues

Drainable EIFS

Use Professionals for Detection

Annual Inspections

Some Repairs are Viable

Drainable EIFS

Use Professionals for Detection

Annual Inspections

Some Repairs are Viable

EIFS & Real Estate LicenseesEIFS & Real Estate Licensees

Older Homes at RiskAge Increases Risk

Age May be Beyond Warranties

Avoid LawsuitsAsk Questions

Make No Representations of Condition

Encourage Inspections

Older Homes at RiskAge Increases Risk

Age May be Beyond Warranties

Avoid LawsuitsAsk Questions

Make No Representations of Condition

Encourage Inspections

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Pressure-Treated LumberPressure-Treated Lumber

Green-Colored Wood

Protects Lumber from Pests

Leaching Poses Potential Health Threats

Minimize Exposure

Green-Colored Wood

Protects Lumber from Pests

Leaching Poses Potential Health Threats

Minimize Exposure

Impact on Real Estate TransactionsImpact on Real Estate Transactions

No Lawsuits Against Real Estate Licensees

Advise Families with Children

No Lawsuits Against Real Estate Licensees

Advise Families with Children

Chapter 12Wetlands, Watersheds, &

Endangered Species

Chapter 12Wetlands, Watersheds, &

Endangered Species

Wetlands’ Importance

Watersheds & Wetlands

Explain “Taking”

Discuss Endangered Species Act

Wetlands’ Importance

Watersheds & Wetlands

Explain “Taking”

Discuss Endangered Species Act

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Protecting WetlandsProtecting Wetlands

Federal Agencies Supervision & Laws

Endangered Species Act

What a Property Owner Should Do

Federal Agencies Supervision & Laws

Endangered Species Act

What a Property Owner Should Do

WetlandsWetlands

Definition Varies

Wetlands are Useful

Laws to Protect WetlandsClean Water Act Section 404

Swampbuster provisions of 1996 Food Security Act

Definition Varies

Wetlands are Useful

Laws to Protect WetlandsClean Water Act Section 404

Swampbuster provisions of 1996 Food Security Act

Governmental Agencies InvolvedGovernmental Agencies Involved

Natural Resources Conservation Service (NRCS)

U.S. Army Corps of Engineers

U.S. Environmental Protection Agency (EPA)

State Agencies

Natural Resources Conservation Service (NRCS)

U.S. Army Corps of Engineers

U.S. Environmental Protection Agency (EPA)

State Agencies

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Municipal Well

WatershedsWatershedsAreas of Land that Drain Water

May be Small or Large

Affect Availability of Useable Water

Problems with Stormwater Runoff

Used to Protect Municipal Water Supplies

Areas of Land that Drain Water

May be Small or Large

Affect Availability of Useable Water

Problems with Stormwater Runoff

Used to Protect Municipal Water Supplies

Water TableWater Table

Cone of Depression

Cone of Depression

Laws Covering Wetlands & WatershedsLaws Covering Wetlands & Watersheds

Clean Water (1972)

Coastal Management Act (1972)

Endangered Species Act (1973)

Safe Drinking Water Act (1974)

North America Wetlands Conservation Act (1989)

Agricultural Improvement and Reform Act (1996)

Clean Water (1972)

Coastal Management Act (1972)

Endangered Species Act (1973)

Safe Drinking Water Act (1974)

North America Wetlands Conservation Act (1989)

Agricultural Improvement and Reform Act (1996)

Endangered Species ActEndangered Species Act

Applied to Federal Lands

No Real Standards Set

Permitted “Citizen Suits”

Affects Farmers & Developers

Fines and/or Imprisonment

Applied to Federal Lands

No Real Standards Set

Permitted “Citizen Suits”

Affects Farmers & Developers

Fines and/or Imprisonment

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Tips for Real Estate AgentsTips for Real Estate Agents

Avoid Comments

Encourage Government Agency Involvement

Encourage Independent Evaluations

Avoid Comments

Encourage Government Agency Involvement

Encourage Independent Evaluations

Chapter 13Environmental Reports & Consultants

Chapter 13Environmental Reports & Consultants

Environmental Impact Statement (EIS)

Environmental Site Assessment (ESA)

Methods to Discover Possible Contamination

Issues to Consider when Hiring a Consultant

Environmental Impact Statement (EIS)

Environmental Site Assessment (ESA)

Methods to Discover Possible Contamination

Issues to Consider when Hiring a Consultant

E I S Environmental Impact Statement

E I S Environmental Impact Statement

Required if Project is Federally Funded

Statement of Project Impact on Environment

Assists Government Agencies

Civic Groups & Public Can Better Assess Development

Required if Project is Federally Funded

Statement of Project Impact on Environment

Assists Government Agencies

Civic Groups & Public Can Better Assess Development

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E S A Environmental Site Assessment

E S A Environmental Site Assessment

Determines Presence of Environmental Hazards

Protects the Seller, Buyer, Licensees, Lenders

No Standards for Phase I, II, and III

Determines Presence of Environmental Hazards

Protects the Seller, Buyer, Licensees, Lenders

No Standards for Phase I, II, and III

Hiring an InspectorHiring an Inspector

Hire Specialists

Ask for References

Ask for Previous Reports

Ask for Any Certifications

Hire Specialists

Ask for References

Ask for Previous Reports

Ask for Any Certifications

Tips for Real Estate LicenseesTips for Real Estate Licensees

Encourage All Parties to Discover Defects as Early as Possible

Encourage Investigations Before Contract Signing

Obtain Lists of Certified Consultants

Avoid Opinions

Let Clients Make Informed Choice for Hiring

Encourage All Parties to Discover Defects as Early as Possible

Encourage Investigations Before Contract Signing

Obtain Lists of Certified Consultants

Avoid Opinions

Let Clients Make Informed Choice for Hiring