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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
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