Thanks to Julia Roberts' Oscar-winning portrayal of consumer advocate and property disclosure activist Erin Brockovich, property disclosure information may become a more urgent topic for homebuyers and sellers.

VISTAinfo.com, for one, applauds the film "Erin Brockovich" for making movie-goers think about the very real health threat that environmental hazards can pose for homeowners. The true story concentrates on an attorney's assistant who uncovers and pursues a power company for contaminating the water supply of a small town in California, leading to serious medical conditions and death for some inhabitants.

Although most homeowners won't ever experience the dangers to their health that the people in the movie did, they can't be too careful, advises Jerry Marani, senior vice president and general manager, VISTAinfo Property Disclosure. "People take it for granted that their property is safe," he says. "If homeowners actually investigated, they would be shocked at what they'd find. One of every five Americans lives within four miles of a hazardous waste site serious enough to make Superfund's National Priorities List (NPL), not including contamination by tens of thousands of leaking underground storage tanks that aren't included in the list."

That means it is important for consumers to know is in their neighborhoods and below their backyards. And, it is important for agents to limit their liability in transactions due to property disclosures.

While Brockovich spent years finding this information, Vistainfo says its data providers are using technology to streamline environmental research. At NearMyHome, the company offers free, personalized reports that provide homeowners interactive hazard maps and detailed information about other environmental and natural hazard risks near their address, including air pollution, historical storms and floods, toxic spills and landfills, and groundwater contamination.

It was contaminated seepage from underground that caused the health problems to the townspeople in the film.

Consumers can type in their ZIP code or a street address to receive a free, preliminary report alerting them to environmental or natural hazard risks in their neighborhoods. More detailed reports can be ordered from the site for a fee.

Some states, including California, Texas and Florida, currently require or are considering requiring environmental risk disclosure every time a residential property is sold. VISTAinfo is a major supplier of these disclosure reports, and the company has several tips for making sure that consumers get the most out of a disclosure report.

For buyers, disclosure reports should:

1. Include more detailed state and local data, not just information from federal sources
2. Present data visually on an accurate map of your neighborhood
3. Disclose proximity of neighboring hazard zones -- more than 55 percent of all homes in California are within or close (1,000 feet) to a mapped natural hazard zone
4. Are provided by a data vendor with adequate Errors & Omissions (E&O) insurance coverage, for your protection
5. Has an 800 number to call for free consulting to explain data on hazard maps

For sellers, disclosure reports should:

1. Provide direct indemnification against claims, to protect you in the event of legal action
2. Are billed through escrow with no charge to you if escrow cancels
3. Are competitively priced -- industry average cost is $50-$80
4. Include State and local data -- more than 90 percent of all real estate related claims are due to either negligent or incomplete disclosure

Agents can encourage property sellers and buyers to take advantage of disclosure reports so that all are "protected from dangers and liabilities by making sure all environmental and natural hazard risks are understood," says Marani.

Published: March 27, 2001

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