Homes can contain many hazards, depending on the house's age and the materials used to build it. Obvious dangers include asbestos, radon and lead paint, but other problems including mold and defective Chinese drywall can also cause serious problems for homeowners. If you are buying a new property, it is important to ensure you take steps to protect the health of yourself and your family. There are a number of steps you can take in order to make sure your new home is safe.
Home Inspection
A home inspection is absolutely essential when you are purchasing a new home. Inspectors should be certified by an accrediting body such as the American Society of Home Inspectors and you should check references or speak with past satisfied clients to ensure the inspector is both thorough and professional. A good home inspection should take several hours and should involve a review of a building from top to bottom, including the basement and the attic. The inspector should provide a written report of his findings detailing any potential hazards or problems with the home.
If the home is an older home or you have a reason to suspect specific dangers such as asbestos or lead based paint, you may wish to hire professionals that specialize in these fields to inspect the home. A radon test may also be appropriate if the home does not have radon abatement procedures in place or has not been tested recently.
Public Records and Permits
Before buying a property, you may wish to determine the history of any permits pulled on the property as well as whether there is any information available on public records about the surrounding area. If work is performed on the house without a proper permit and inspection, there may be dangers such as faulty electrical wire or improperly installed plumbing in the home that can lead to leaks and mold.
A review of building and construction permits, when possible, can reveal any potential additions to the home that could be dangerous. Public records can also reveal whether there are any known environmental hazard zones near where the property is found. A good real estate attorney can help you to do a records search to investigate any information available with your county or courts about the property you are looking at or the area you are considering buying in.
Relying on Disclosures
It is important to understand that home sellers may have an obligation to disclose some material information about the home you are considering buying but that they may not have a legal duty to disclose all potential problems they are aware of. For instance, federal law has mandated that a Lead-Based paint disclosure is required for all homes built before 1978.
Some states require sellers to disclose if anyone died in their home, and some states also have additional laws requiring disclosure of natural hazards, zoning issues, fire hazards, nose, air or ground pollution. However, state laws on exactly what must be disclosed can vary and unless a fact is considered material and/or required by law to be disclosed, sellers may not have an obligation to tell you about every potential problem with a new home. Your lawyer can explain to you what disclosures you should request before purchasing a property so that you make sure you are as protected as you can be under the law.