Ellen Levy

Many of the distressed properties I see have one or more environmental hazards. Mold is the most common and the most obvious. Black mold is toxic. Sensitive individuals may have severe and/or long-term problems.

Asbestos is often present in many forms. Did you know that the joint compound used on the corners of plaster walls and ceilings contains asbestos? If water leaks from the roof and makes those seams come open, there is probably friable asbestos floating around in the air you and your buyers are breathing when you show that property. Asbestos insulation has been demonstrated to be a causative factor in lung cancer.

Many agents will show a distressed property as part of their workday. They will be dressed for the office or for their other appointments--not for protection from toxic environmental conditions.

The bank selling the distressed asset has an "as is" addendum designed to protect them from liability. What kind of written agreement do you have with your buyers? How are you protecting your own health?

After the sale closes, the new owner will probably have work done in the property. Will he or she make sure that the workers use appropriate protective gear and clothing? My experience is that it is often necessary to check in almost hourly to make sure workers are wearing masks, goggles, etc. They find it inconvenient, to say the least. Workers who do not speak English do not know what the fuss is about.

What you can do and should do is this: Take classes in environmental hazards. Protect yourself appropriately. Encourage your buyers to do so also. Have them sign an indemnification. Schedule your showings so that you can wear appropriate protective gear and clothing. Go change your clothes before and after the showing if need be. Your life is worth it. So is theirs. Encourage your buyers to hire contractors who are responsible and informed, and who will not take advantage of ignorant workers.

Contact your Representatives and ask them to pass legislation requiring banks and asset managers to remedy hazardous conditions before the property is exposed to the general public and vice versa.

Distressed properties are one result of the lending crisis. A wave of serious long-term health problems among the buyers of those properties and the agents who showed them should not be.