Real Estate Professionals
EPA's guidance on vermiculite:
The presence of vermiculite attic insulation is a material fact*... A generally accepted definition of a material fact is one that is important enough that it would impact a party's decision to enter into a contract or would affect the party's decision about the contract terms.
A common scenario:
A buyer and seller negotiate the sale of a home subject to the buyer’s home inspection. The home inspector discovers the presence of vermiculite attic insulation and alerts the buyer to the possibility of the presence of asbestos. The buyer insists that the seller remove the vermiculite and reinsulate the attic prior to the sale, alternatively, reduce the sale price to account for the buyer’s intent to remove and replace the insulation. The seller is willing to share the cost but balks at paying for the entire removal. The buyer walks; the deal falls through.
If the real estate agent and home inspector had been aware of the Trust and its ability to reimburse the homeowner a significant portion of its removal costs, the deal may have been salvaged.*
One real estate agent is aware of the Trust and its benefits and informs his client that there is a possibility of negotiating a favorable sale price while also taking advantage of the reimbursement offered by the Trust. The advantage goes to the more informed real estate agent.
* There may be instances, such as might occur in a real estate negotiation, where the parties agree as to who has the rights to the claim. Absence such an agreement, the Trustee will resolve any dispute as equity may dictate.
Real estate professionals are encouraged to stay abreast of their states disclosure requirements concerning vermiculite attic insulation to enable them to provide accurate and up-to-date advice to their clients.