44% Didn’t Know to Test for Asbestos After Property Damage

Asbestos is yesterday’s problem, but it’s a problem that’s hounded homeowners across the country well into the present. Even though most people shouldn’t have to worry about asbestos exposure in day-to-day life, we aren’t all that far removed from a time when this potent toxin was considered a miracle mineral. Strong, durable, and almost entirely fireproof, asbestos enjoyed a decades-long golden age that lasted from the end of the Second World War right through the Nixon presidency. And it wasn’t until 1989 that the Environmental Protection Agency finally introduced a rule to take asbestos off the market altogether. Delayed Regulation of Asbestos (Thanks to the Asbestos Industry) The E.P.A.’s proposed rule fell flat in court, but, by the 1990s, intensive regulation and growing public awareness of what asbestos can do to the body left vermiculite mines, construction companies, and other industry players by the wayside. However, the retreat of asbestos from public life was left incomplete. Contractors and manufacturers stopped using asbestos, but they were never asked to recall asbestos-containing materials or ordered to clean up contaminated homes. Nobody knows just how much asbestos is left in America, but public health advocates estimate that more than 30 million properties remain affected. Now, as natural disasters like wildfires, hurricanes, and floods disturb homes with increasing frequency—and with renovation and restoration activity on older properties continuing at a rapid pace—concern about asbestos is again growing, with homeowners and prospective buyers second-guessing decisions that would’ve seemed easy in the not-so-distant past. Concerns About Asbestos Exposure are Surging The percentage of prospective homebuyers closing on older properties is higher than at any other point in the recent past. According to a report from Redfin, most residential properties sold in the past several years were built between the 1980s and the early 1990s. Many of these homes have attractive qualities, but were constructed at a time when building codes were only just beginning to address the widespread use of asbestos. Contaminated products that were installed were left in place, with the onus of identification, removal, and abatement shifted onto individual homeowners and their families. Legal Concerns from Buying, Selling or Renting a Home with Asbestos Materials Any legacy asbestos that crops up in or around a home can cause big complications later on, particularly if the property is put up for sale. When AsbestosClaims.law asked prospective buyers how they would respond if asbestos was found at any point during the homebuying process: •  36% said they would proceed only if the seller or contractor paid for removal •  35% said they would walk away from the deal entirely •  17% weren’t sure how they’d respond or who should be responsible •  12% said they would still purchase the home and take responsibility for monitoring or removal Despite these concerns, testing is rarely conducted or required, even after disruptive or high-risk events. “If there’s lead paint, sellers are required to disclose it. But with asbestos, there’s no such disclosure requirements,” AsbestosClaims.law founder, partner, and attorney Justinian C. Lane said. “A 2020 CDC report found a worrisome increase in cases of asbestos-related mesothelioma among homemakers, so the data shows there is a problem. We need the real estate, construction, and inspection industries to help close this gap. Right now, most people don’t even know what questions to ask.” Asbestos Testing Is Quick Becoming a Sticking Point In the United States, there is no federal law requiring homeowners to either test for asbestos before a sale or report its presence upon discovery. In the absence of any legislation, most people simply don’t bother testing—often because they aren’t sure where to look, or because they underestimate just how prevalent asbestos is in older homes. Consumer Concern Outpacing Asbestos Real Estate Regulations Of all surveyed homeowners, we found that: •  19% tested before a minor renovation •  15% tested before a major renovation •  Only 8% tested after a wildfire, flood, or natural disaster damaged the home •  6% tested before rebuilding on a property where a home was destroyed •  4% tested before demolition of part or all of the home The most common explanation for not testing, offered by about 44% of all respondents, was simply that they “weren’t aware [that] it was necessary.” And from a legal standpoint, these homeowners aren’t wrong—testing and abatement usually aren’t necessary, though certain factors can make legacy asbestos pose a much greater risk to occupants than it’d otherwise be. “We’ve seen a surge of wildfire-related rebuilds in California and across the West, as well as a significant increase in older home renovations nationwide,” said attorney Justinian C. Lane. “But hardly anyone tests for asbestos in these cases. That’s a public health oversight, not just a missed checkbox.” Asbestos that’s disturbed or unsettled during repairs or renovations is more likely to become friable, or easily crumbled, than legacy asbestos that’s never been moved or modified. And asbestos that is friable is asbestos at its most dangerous. Left unaddressed, it exposes families to the long-term risk of chronic illness, up to and including cancer, as well as the threat they could someday be held liable for a buyer’s injuries.    Justinian C. Lane, Esq. is an authority on asbestos and its long and complicated history. After losing his father and grandparents to asbestos-related cancers, Justinian dedicated his law practice to helping individuals and families exposed to asbestos. He is completing a book on the history of industrial asbestos, and lessons it offers for confronting today's modern challenges.