A New York listing agent learns that the seller's property has friable asbestos insulation around heating pipes that was professionally encapsulated in 2020. The encapsulation is intact and was done by certified contractors. A buyer asks if the property contains asbestos. How should the agent respond?
Correct Answer
A) The property contains encapsulated asbestos that was professionally treated and currently poses no health risk
Encapsulation does not remove asbestos; it seals it in place to prevent fiber release. The agent must accurately disclose that asbestos is still present but has been professionally encapsulated. This provides truthful information while noting the professional treatment that addresses safety concerns.
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A buyer's agent in New York notices that their client's target property has a New York DEC spill number posted on the premises. The seller claims the spill was fully remediated three years ago. What should the agent recommend to protect the buyer?
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Under New York environmental law, what is the primary difference between friable and non-friable asbestos-containing materials?