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Back in 1994, Natalie bought her
first house in what was then the City of York. Relying on my advice, she
retained a reputable home inspection firm to give the house a thorough
going-over before finalizing the deal.
About a month ago, while getting
estimates for a new basement floor, her contractor asked if she knew there
was asbestos covering a pipe spanning the entire length of the house.
Natalie was shocked because the
only mention of asbestos in the report was buried in less than one page in
the supplementary section at the back.
"I couldn't believe that my home
inspector hadn't noticed this covered E-shaped pipe, in full view as soon as
you enter the basement," Natalie said last week. The idea that the material
insulating the pipe was asbestos never crossed her mind.
Days later, an asbestos
specialist confirmed the insulation was indeed asbestos and that it was in
unstable condition due to tears in the wrapping, especially around the pipe
elbows. "I was more upset that I had been unknowingly living with this
dangerous toxic substance for over six years than I was with the $1,800 cost
to have it professionally removed," Natalie said. Within two days, after
half of the basement had been swathed in plastic sheets, the asbestos was
finally removed in plastic bags for toxic waste.
Asbestos is a fireproof material
widely used before 1975 in many building materials, from insulation to floor
tiles. Chronic (long-term) inhalation exposure to asbestos in humans can
lead to a lung disease called asbestosis, a diffuse fibrous scarring of the
lungs. Where it is intact and not deteriorating, it is said to pose little
danger. Small quantities of asbestos can be detected in indoor air from
erosion of natural deposits in asbestos-bearing rocks, from nearby
industrial uses, from ceiling and floor tiles and insulation, and from brake
linings on cars and trucks.
On the back of the home
inspection contract Natalie signed with the inspection company six years
ago, a disclaimer states that no comment would be offered on environmental
concerns such as urea formaldehyde foam insulation, asbestos or radon gas.
It recommended hiring "competent specialists" to examine environmental
concerns.
"I though I had hired competent
specialists," Natalie says.
"I think such an important clause
should be on the front of their form," she adds, "not on the back."
Had she known of the asbestos in
1994, she could have had an independent inspection, or negotiated the cost
of removal off the price of the house.
Last week, I spoke to two
prominent Toronto home inspectors, including one from the firm that did
Natalie's 1994 inspection. They both emphasized that a $350 home inspection
is not an environmental audit, which might cost $6,000 to $10,000 or more,
including considerable laboratory work. A full environmental audit would
include things like soil contamination from buried oil tanks, radon gas,
urea formaldehyde foam insulation, pressure-treated wood, mould, high power
electrical lines and electromagnetic fields, lead paint, lead solder in the
plumbing, and volatile organic compounds found in most household chemicals
and in adhesives used with wall-to-wall carpeting.
Home inspectors will tell you
that some of these items can be carcinogenic in certain doses, and there may
be serious health consequences from exposure to some of these products in
the levels typically found in houses. Natalie was justifiably worried about
environmental asbestos floating around in the air in her house.
The inspectors I spoke to this
week agreed there is some environmental risk in all houses. But there may be
more environmental asbestos in a home from brake linings in nearby traffic
than from any materials containing asbestos inside the house.
Inspectors will tell you that
there is a certain risk in buying any house, and the cost of a full
environmental workout is prohibitive, since some contaminants are obvious
and some are not.
Buyers should have realistic
expectations, whether the house is brand new or a century old. House
inspections cannot cover hidden environmental hazards. If inspectors point
out an asbestos-covered pipe, they leave themselves open to liability for
failing to warn about radon gas, mould, buried oil tanks, or lead solder on
the copper pipes.
Whether the home inspection
contract contains an environmental disclaimer on the back, or on the front
(where it should be), home buyers should be warned that no regular home
inspection will alert them to all possible environmental hazards, especially
the invisible ones. When contracting for a home inspection, be aware that
hidden contaminants will not be part of the job.
But buyers can ask - or insist -
that the inspector point out what could be obvious and visible signs of
environmental contamination - lead solder on exposed pipes, formaldehyde
insulation behind light switches, an unused fill pipe leading to a buried
oil tank, and especially, plumbing wrapped in asbestos insulation.
Bob Aaron is a leading Toronto real
estate lawyer.
Please send your inquiries and questions to
bob@aaron.ca or call 416-364-9366. | 
