The number of homes that are being sold as non-occupant properties, without a seller's property condition disclosure form, are at an all time high and continuing to grow in Utah. Foreclosures, distressed Sellers in pre-foreclosure, short sales and Investor remodels comprise a growing segment of our housing inventory - all homes being sold as-is and without seller's disclosures. Many of these homes were built in an era when asbestos was recognized as cutting edge technology.
Asbestos testing is a relatively simple and economical procedure and an abundance of information can be found online Utah Division of Air Quality - Asbestos. Section 20 of the UAR Seller's Property Condition Disclosure Form, specifically addresses asbestos as a "hazardous condition" and the seller's knowledge of any past or present materials or mitigation attempts. Asbestos should be treated with the same prudent due diligence as for radon, mold and lead based paint hazards.
My recommendation to home-buyers is to compel the owner of the property to provide this disclosure form by requiring this as a term of the real estate purchase contract (even if the Seller tries to negotiate this provision out of the contract - stand firm). If the seller is, or has recently, lived in the home, then they can and should complete the form without a problem. If the non-owner occupant has done anything to the home, including something as simple as having it "trashed out", they can and should provide you with, at minimum, contractor's name(s) and contact information so that you can investigate the pre-listing or pre-remodel condition of the home yourself. It is helpful to note that 1) The Seller is obligated under law to disclose to buyers defects in the property and facts known to the seller that materially and adversely affect the use and value of the property that cannot be discovered by a reasonable inspection by an ordinary prudent buyer and 2) Realtors® are only obligated to discover and disclose adverse factors reasonably apparent to someone with expertise in those areas required by their real estate licensing authority.
The following information, Asbestos in the Home, is provided courtesy of Jesse Herman jesse@asbestos.com with the Mesothelioma Cancer Centerand written by one of their editors, Joe Lederman:
Highly Highly regarded throughout the 20th century as the ideal form of insulation and piping, asbestos is a fibrous mineral with toxic components. Most of Utah's asbestos has been as a result of its large petroleum industry. Oil giants such as BP Amoco, Chevron and American Oil all have refineries stationed in the state. This industry has been a culprit of heavy asbestos use, exposing innocent workers and by standards to the substance. There a number of things worth considering in the Utah real estate industry. If you are a potential homeowner, are remodeling or foreclosing an older home, it is important to hire professionals to examine the property for toxic building materials. Homes built before 1980 have a strong chance of containing asbestos. Citizens of Utah should be aware that exposure to asbestos can produce significant health concerns. The inhalation of asbestos fibers can cause a severe lung-ailment known as mesothelioma, a form of cancer that takes the lives of thousands every year. Medical research has suggested that symptoms of the disease may not appear for 20 to 50 years. Mesothelioma treatmentis usually limited to a handful of procedures and results vary from patient to patient. The five-year survival rate for a mesothelioma victim is currently about 10 percent. The Utah Department of Environmental Qualityassists citizens in the inspection, removal and safe disposal of asbestos. Removal in public facilities, homes and workplaces must be undertaken by a licensed asbestos abatement contractor. It is recommended that homeowners not disturb any suspected asbestos materials as this will release its fibers into the air. State practices are upgrading methods to suit better lighting, heating, cooling systems and environmentally habitable insulation. Due to expanding technology and long term cost efficiency evolving at a large rate, the need for environmentally sustainable and healthy building materials is growing as well. Once the removal is complete, green insulation options should be given serious consideration such as: cotton fiber, cellulose and lcynene. The United States Environmental Program states that the use of recycled building materials such as cotton fiber insulation can reduce energy use by 25 to 35 percent. These asbestos alternatives will not only reduce energy costs, but allow for a clean, healthy home, free of health damaging materials.
Kim Novak is a real estate broker with RE/MAX Masters in Salt Lake City and Layton, Utah. She holds a BSBA with an emphasis in Sales & Marketing and has achieved the designations of ABR: Accredited Buyer Representative, CRS: Certified Residential Specialist, CSP: Certified New Home Sales Professional, GRI: Graduate of the Realtor® Institute, SRES: Seniors Real Estate Specialist and ePRO: Internet Professional. Licensed in 1995, Kim has closed over 500 sales during her full time real estate career. ActiveRain Profile LinkedIn Profile Facebook Me!
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