Q: My wife and I have been looking for a new home for over a year. We recently changed realtors and our new realtor mentioned there may be environmental issues we should be aware of prior to signing any contract. We’re not certain what we should be looking for. Can you help us?

A: Many purchasers are so focused on location, functional floor plan, and price when acquiring residential real property, they fail to analyze the environmental circumstances that may impact the health of family members who will be occupying the residence. Purchasers should be aware of the following environmental issues and, as applicable under the circumstances, should conduct further investigations.

Lead. Lead, generally, is assimilated in the body over a period of time. Primary residential sources are lead found in paint and in the water system which furnishes drinking water to the residence.

Radon. Radon is a colorless, odorless gas which is radioactive. Florida law requires each buyer to be notified of the existence of radon. Do-it-yourself radon tests are available at most hardware stores or can be conducted through a professional home inspection service.

Heating System. (Ventilation) Carbon monoxide is the most common source of air contamination from heating systems that utilize combustion (example: wood, coal, and gas burning furnaces). Carbon monoxide detectors are commercially available and are becoming as common in homes as smoke detectors. Any combustion heating system should be checked by a professional.

Asbestos. Asbestos is a known carcinogen. Asbestos has been found in floor tiles, ceiling insulation, air conditioning and heating vent insulation, roof shingles, acoustic insulation and plasterboard. While the manufacturers of most of these products shifted away from asbestos in the sixties and seventies, asbestos continued to be used in floor tiles and acoustic insulation into
the mid-80s.

Lawn and Golf Course Chemicals. Most pest control companies today are extremely sensitive to controlled usage of chemicals to control lawn and outdoor pests. However, a prudent purchaser should be aware of what chemicals are being and have been applied to the exterior of a residence. Buyers purchasing residences on or near golf courses or farms should investigate what chemicals and toxic substances are being used and the frequency of such use, particularly if family members have allergies or lower tolerances to such substances.

Air Pollutants. (Allergins and Biological Contamination) The advent of homes with year-round air management systems (particularly in Florida) has resulted in micro-biological air pollutants generated primarily by closed (or limited) air conditioning systems which provide little fresh air injected into the residence. Air handlers and duct work should be inspected to ascertain the condition of the air supply ystem and to determine if biological contaminates are being generated.

Pest Control Services. (Interior) Interior pest control services are extremely cautious in applying approved chemicals within a residence. Many services today, however, provide annual service by inserting either within the walls and under floor surfaces or above ceilings chemicals which will last for a year. Again, a prudent buyer would ascertain if such treatment has taken place and the type of chemical applied to make certain that the occupants are not allergic or extra-sensitive to such chemicals.

Mold. Mold is a fungus which reproduces by creating spores or microscopic cells that generate in large numbers, often in chains that easily disperse into the air. If adequate moisture is present when a mold spore lands on a suitable food source, such as drywall located in a home or office, it begins to grow. When certain species of mold grow and process nutrients, they produce chemicals called mycotoxins. Several mold species produce a wide variety of mycotoxins which are poisonous or toxic to persons who come in contact with them. Apart from producing mycotoxins, mold spores cause allergic reactions in persons heavily exposed to high concentrations of localized spores. In addition, mold infestations can contaminate furniture, clothing, equipment and all other possessions. If a residence has experienced water intrusion, environmental testing experts should inspect the property for mold. Just because you do not see or smell mold does not mean it is not present. Mold often grows on the inside of a wall, hidden from view. Therefore, expert testing is often required to confirm its existence. If mold is discovered, professional remediation will be necessary.

Insulation of the Residence. While proper insulation of a residence is not a primary environmental issue, it does impact the efficiency of air conditioning and heating systems, and should be investigated. Florida law requires that a purchaser of a residence must receive a full disclosure of the insulation value for each element of the residence.

Each of the above categories may not apply to the residence being purchased, but a buyer should be familiar with and aware of these issues. If observations made or information received during the pre-contract negotiations results in questions concerning any of these issues, then further inquiry and independent professional advice should be obtained prior to executing a contract. Subsequent to executing a contract, if inspection or other inquiry reflects that any environmental problems exist, the issue should be brought to the immediate attention of your legal counsel.

James M. Hankins received his juris doctorate, with honors, from Florida State University. He is certified as a specialist in real estate law by the Board of Legal Specialization and education of The Florida Bar and has extensive experience in the areas of real estate law and condominium association work. He also practices in the areas of trust, corporate, charitable foundation, bank and business law. The above Question & Answer is provided for general informational purposes only and should not be considered as legal advice as to any specific matter. You should not act solely upon this information without consulting legal or other professional advisors.