ABA Family Legal Guide

Home Ownership

Property Insurance and Other Protections

Environmental Issues

How do I determine if there's an environmental problem in my home?

In some cases, you may find out about a problem accidentally, such as when a painter points out lead-based paint on your woodwork or a remodeling contractor finds asbestos around the furnace and won't proceed until it's removed. You might learn about lead the hard way when your children can't think straight, or about contaminated water when the whole family gets sick. Health problems from asbestos or radon, however, wouldn't show up for another thirty years. The only way to discover and correct the problem may be to hire an expert to conduct the right tests.

Federal rules exist that require sellers to disclose information about lead-based paint; and in a growing number of states, sellers are also required by law to inform potential buyers when they know about other hazards in the house, like asbestos or radon. Then it's up to the buyer and seller to work out who's responsible for dealing with it. The seller might lower the price to compensate the buyer for having to cope with the problem. In other states, the general rule is caveat emptor, or "let the buyer beware." In these states, a seller can't set out to misrepresent or hide the condition or lie if asked, but there's no obligation to disclose the problem. These days, though, homebuyers often make the offer contingent on a satisfactory result of testing. Regular home inspectors aren't usually qualified to test for lead or radon, so getting an accurate test would require hiring a qualified specialist.

If you intend to test for radon, asbestos, lead, or other household toxins, be careful about whom you hire to test and deal with it. For example, people claiming to be asbestos consultants and contractors may find asbestos and try to convince you that it must be removed right away, even though the proper treatment for asbestos in many cases is to leave it in place. Then they'll remove it unnecessarily, which is a waste of money, and do so improperly, which can increase the health risk. To avoid such scams, do some research on the nature of each home toxin, and find out what services are available and what procedures and precautions the job involves to be done correctly. For names of licensed professionals in your area, check state or local health departments or Environmental Protection Agency (EPA) regional offices. As with any home improvements contractor, ask for references from previous clients, make sure the contractor has done similar projects, and get estimates from more than one. (See "Remodeling" on page 177 for information on hiring contractors.)