All Forum Posts by: Lawrence P. Schnapf

so the home likely has lead paint and asbestos. need to consider the additional costs for any renovation work as you would need to use licensed ACM and LBP contractors for work that disturbs those materials.

how old is building?

often times, when people think they are getting a great deal, they dont due their diligence. I often say that one my jobs is to rein in the "animal spirits" of my clients.

another example of why need to do environmental due diligence for non-industrial properties. even farms can be contaminated. 

https://www.nj.com/ocean/2019/11/this-rural-nj-paradise-was-almost-destroyed-by-toxic-chemicals.html

Illustrates the importance of understanding prior uses of property. 

https://www.pnj.com/story/news/2019/10/11/santa-rosa-county-couple-finds-dump-new-property-near-gulf-breeze/3913016002/

Within the last three weeks, I have been contacted by successful bidders of tax lien auctions who unknowingly acquired contaminated property. They thought they were getting a great deal and then learned after being notified they were the winning bidder, learned the sites were not only contaminated but the cleanup was going to exceed the purchase price.

Many of the bidders are new to the US and want to buy a piece of America but are not yet familiar with our environmental laws. Tax auctions are "as is" sales. The local government may not necessarily be required to disclose environmental issues. Moreover, the presence of contamination will not typically show up in title work unless a government entity has incurred costs and filed a cleanup lien on the property. Be sure to evaluate potential environmental issues. At the very least, check state and federal databases to see if the site is listed as a potentially contaminated site. 

Issues to investigate include the current or past presence of petroleum tanks, asbestos, lead and meth lab. For commercial properties, former dry cleaners can be very problematic. has property always been connected to public sewer or did it use septic system that can discharge pollutants into groundwater.  Properties where development has stalled may be in violation of stormwater permit requirements.  

Depends on the lender. smaller banks tend not to be as aware of environmental issues and view requiring phase 1 reports as putting them in non-competitive position. 

There is NO basis for a new owner to be liable to a PAST tenant for prior lead exposure. The lead paint regulations DO NOT require removal of lead paint. it has to be properly managed. However, if you want to have your home certified as lead free, you need to do the x-ray test and not the swab test usually done in phase 1 report.s 

it would be prudent to have a phase 1 done since it helps you qualify for certain defenses. for multi-family, you should make sure that it covers asbestos, lead-paint, lead-in-drinking water and mold. the standard phase 1 scope of work does not include these issues.

most of the MHPs have have reviewed have heating oil, not natural gas. each pad has an AST usually on legs. have often resulted in spills and leaks.