Question:

Are previous owners who sold house with asbestos undisclosed liable?

by  |  earlier

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is there a law against? if so what year please?

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7 ANSWERS


  1. Nope, that's what Home Inspectors are for.


  2. No, that is why you get inspections.  

  3. Yes.

    If the owners knew of the presence of asbestos and failed to disclose it, then they are liable.

    If the inspector failed to discover the presence of asbestos, then the inspector is liable.

    Also the Real Estate Agents involved in the transaction are liable if they failed to disclose the presence of asbestos to you.

    The Real Estate Agents should have disclosed to you that old houses often have asbestos in the floor tiles and should have recommended that the inspector check the floor tile under the carpet for the presence of asbestos.

    The inspector should have disclosed that to you also and should have recommended that you get a test on the floor tiles under the carpet.

    Many Real Estate Agents say that you do not need to be concerned about asbestos in floor tiles and linoleum because it is not loose and open to the atmosphere (friable).

    However the presence of asbestos in floor tiles becomes a very expensive headache and a possible health hazard when the floor tile or linoleum needs to be replaced.

    You need a special group of people trained in the disposal of hazardous materials to remove the floor tiles and linoleum that contain asbestos.

    The floor tiles and linoleum are considered hazardous waste and are very expensive to dispose of.

    I found that out the hard way when I needed to remodel several rental houses that I own.

  4. If they knew it or should have known it they might be required to disclose it depending on the laws of your unnamed state, country or planet.


  5. Only if you can prove they KNEW about the asbestos.  

  6. If you had a home inspector and they failed to note it, then they are liable (as far as I know). I'm not sure about previous owners though you would think they should be.

  7. Basically, any of the myriad of people involved in the sale of the house would be liable if they knew and did not disclose that there was asbestos. Proving they knew is the difficult part.

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