By Kenton Shepard

Because agents I know have had problems with transactions falling apart because the buyer did not disclose a medical condition which left them sensitized to a variety of chemicals until after contracts wre signed, I am in the process of putting together a disclosure form to be made available to both sellers and buyers. In the meantime, I hope the following article will be helpful.

MULTIPLE CHEMICAL SENSITIVITY (MCS)

MCS is often an allergy-like reaction to both large and (often) extremely low levels of irritants/toxicants/triggers. Although it's causes are not well understood, it is apparent that MCS can be triggered by a large initial exposure such as collapse of the World Trade Center towers, or to prolonged lower level exposures such as might be experienced in an industrial or workplace setting.

Once sensitized, those effected may be sensitive to a large number of chemical triggers and sensitivity may range from mild to severe. Because homes contain many building materials and commercial products which are manufactured using potential trigger chemicals, those suffering from severe MCS may have difficulty finding a home which their body can tolerate. It's not unusual for these people to find it necessary to live outside for periods of time.

A number of websites exist with detailed information...

http://www.multiplechemicalsensitivity.org/

Ocupational Safety and Health Administration

There is currently some debate as to whether MCS is a proper diagnosis. You can see an overview of how various US government agencies are responding to this concern by visiting the Federal Action Website.

The following is a partial list of trigger chemicals... 

  • bleach, fabric softeners, wool-wash, and detergents
  • household and industrial cleaning chemicals
  • perfumes, lotion, scented personal care products
  • air-fresheners or plug ins
  • anything scented or perfumed
  • petrol or gasoline, diesel and exhaust fumes
  • pesticides, herbicides, fertilizers, and other agricultural chemicals
  • shampoos, hairsprays and personal care products
  • dishwashing liquid and detergent (may cause migraine headaches for those without MCS)
  • glues (including carpet glue), varnishes, polishes, paints, solvents and paint-thinners
  • petroleum-based products (including petroleum jelly)
  • Formaldehyde and aldehyde
  • Tartrazine (a.k.a Yellow #5 or FD&C E102), and other Azo dyes
  • Caffeine
  • any volatile organic compound (VOC's).
    • Paint thinners, including:

•·         Acetone

•·         Mineral spirits

•·         Mineral turpentine (turps)

•·         Wood turpentine

•·         Naphtha

•·         Toluene

•·         Xylene

    • Solvents including

•·         acetic Acid

•·         acetone

•·         acetonitrile

•·         benzene

•·         butan-1-ol

•·         butan-2-one

•·         carbon tetrachloride

•·         chloroform

•·         cyclohexane

•·         diethylene glycol

•·         diglyme

•·         dimethoxy-ethane (glyme

•·         dimethyl-sulfoxide (DMSO)

•·         dioxane

•·         ethanol

•·         ether

•·         ethyl acetate

•·         ethylene glycol

•·         glycerin

•·         heptane

•·         heptane

•·         hexane

•·         methanol

•·         methyl t-butyl ether (MTBE)

•·         pentane

•·         propan-1-ol

•·         propan-2-ol

•·         p-xylene

•·         t-butyl alcohol

•·         tetrahydrofuran (THF)

 

3 Comments on Multiple Chemical Sensitivity: It can interfere with the transaction if not disclosed

MAR
26
2007

http://kathy-mcspage.blogspot.com/2007/03/why-scents-may-not-make-cents-when.html

Real Estate: Why scents may not make cents

Why scents may not make cents when trying to sell your home.

For many home sellers and real estate agents who believe the TV commercials that claim chemical sprays "sanitize" the air, plug-ins "freshen" the air and Fragrance emitting devices actually clean the air, well...this may not be music to your ears.

The savvy, health conscious home buyer has added chemical fragrances to their list of what they don't want to smell when they are looking to buy a home. These chemical fragrances are now listed right next to mold, cigarette smoke odor and animal urine by many home buyers.

Home buyers today are more educated than ever. Even inexperienced first time home buyers understand that chemical fragrances do not clean the air, they contaminate it with toxic chemicals and more often than not these chemical fragrances make people very sick.

Home buyers have kids with asthma and allergies. They, themselves, might suffer from migraines, respiratory illness, cancer or fragrance sensitivity. Home buyers know that clean should not have a smell, not of disinfectant or chemical emitted fragrances .

So, while the location, square footage and price of your home might be perfect for your would be buyer, the smell of your home just might be the deciding factor on why an offer was not written up.

What does your house smell like?

Once plug in style fragrance emitting devices are used in a home, the oil / fragrance permeates the wallboard as well as flooring. Similar goes for the fragranced dryer sheets in the laundry room. These chemical odors then circulate in the air vent heating and cooling system and will never come out, no matter what you do.

With the growing population of people suffering with fragrance sensitivity, Asthma, respiratory conditions, various cancers and allergies, house hunting can often prove to be quite a challenge.

If you are seriously in the market to sell your home, increase your odds of getting top dollar and more offers by discontinuing the use of fragranced products. Open your windows and let the fresh air in. Clean with non-fragranced products. Your house will then be marketable to all potential buyers... even those with health issues.

After all, you do want your home to take a buyers breath away... but not literally

Kathleen Houghton
5:51pm • #1
MAR
27
2007
I'm not so sure a disclosure would be best for the buyer in some cases.  I live in Boulder, CO and, before we ended up buying land to build a house, we searched to buy an existing home.  When I told sellers that I had suffered chemical injury and was left with an impaired detoxification system and thus extreme intolerance of low levels of toxins, many of them were scared away.  It's not that this isn't a real condition (the debate is only fueled by the chemical industry, which, like the cigarette industry, doesn't want people to know about the undisclosed, untested and unregulated toxins in common products like deteregents and plug-in deodorizers.  See Alternative Medicine's April 2007 issue for more info on these undisclosed chemicals.)  This is, in truth, a very real condition, with research to back it up.  The problem is that sellers can be scared off because they are afraid of liability issues. Even when I would agree to sign contracts saying I wouldn't blame them if I got more sick (unless there was toxic mold, of course!), they were hesitant to let me stay overnight to test the house (which we have to do to be sure we'll tolerate it).  And, of course, I'm sure there were people who thought I was a total loon because it's still a poorly understood condition...similar to how MS and asthma were considered psychological years ago, until enough people have this, sadly, people fine it easier to dismiss for now.  However, with research showing that 60% of the population will suffer sensitivities by 2020 (Business Week, June 2000), we aren't far from being forced to deal with this fast growing problem.  The best remedy?  Educate sellers and agents, because using safer products will ultimately be better for everyone - in terms of health and financial investments!
Jill
3:52pm • #2

Jill, you have some valid points for which there may be no good answer now.

If the transaction is going to come apart, it may be better if it happens before contracts are signed.

If the transaction comes apart after contracts are signed, the seller or their representative may feel that the seller has legal grounds to try to recover damages for time that the home was off the market due to the buyers non-disclosure of health problems which would prevent them from living in/buying a home which has recently contained products/chemicals commonly found in homes.

If a seller is able to refuse to sell to a buyer because that buyer has a disability (MCS) that presents another question.

I have e-mailed my attorney asking whether Multiple Chemical Sensitivity would be included in state or federal Fair Housing legislation protecting those with disabilities in Colorado, but if you already know, you might pass that information along.

If at this point those with MCS are not protected by fair housing laws... they should be, and that would involve campaigning state legislators. Those kinds of battles are never won if they're never begun.

Keep an eye on legislation filed across the state of Arizona concerning chemicals/pharmaceuticals for which there are no regulations or provisions for their removal from water at treatment plants.

5:30pm • #3

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Kenton Shepard

Boulder, CO

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Peak to Prairie Inspection Service

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