Asbestos was a widely used building material in the 80s and it’s certain that 70% of the entire buildings in the United States or other countries made use of asbestos in one part of the building or the other. Since asbestos is no longer in use, do you have to disclose asbestos when selling a house?
According to the Property Misdescriptions Act of 2013, it is an offense not to disclose asbestos if you are aware of it. Therefore, you have to disclose asbestos when selling a house
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Can You Sell a House with Asbestos Siding?
Yes, you can sell a house with asbestos siding but it is dependent on some terms and conditions.
There is a possibility that whoever buys might need to spend some extra cash to fix or replace a lot of parts in the building and due to this; such an individual might want to negotiate for a lower price.
It is possible if your house was built in the 1980s that it contains asbestos and truth be told, it is way back then, that may be the available resources before it was discovered to be harmful to the health, you can always sell depending on terms and condition with whoever is buying it.
Do You Have to Disclose Asbestos When Selling a House?
Yes, you have to disclose asbestos when selling a house because the Property Misdescriptions Act of 2013, it is an offense not to disclose asbestos if you are aware of it.
Also, disclosing if your home contains asbestos siding is dependent on various variables. In some states disclosure isn’t compulsory, in some places if you are aware of this dangerous material in your home, it is compulsory you disclose it.
Legally, sellers are permitted to keep their mouths shut in regards to if there is asbestos material used in the making of the house but that doesn’t mean the buyer doesn’t have the right to ask or if the local agencies wouldn’t ask also.
Is it Legal to Sell a House with Asbestos?
It’s never illegal to sell a house with asbestos. The sale majorly is dependent on whoever is buying the property and what favorable terms work.
If you are aware of the fact that your home contains asbestos, it is required you disclose to be on the safer side. It is preferable to tell than to be mute about it as a seller.
In some states or countries, testing and a crosscheck might be criteria before sales can be made but either way, it isn’t illegal to sell.
Doing the needful by stating the presence of asbestos can save you from a lot of stress of having to deal with people going against the fact that you kept mute about it intentionally.
I just feel it is reasonable to do what is right or don’t you believe doing the right thing can save you from afterward stress?
What to Do If Seller Did Not Disclose Asbestos?
If the seller refuses to disclose the presence of asbestos, as a buyer you have the right to file a lawsuit based on a breach of contract, for damages and fraudulent acts.
This can only be justified if and only if the seller can be proved to have prior knowledge of the presence of asbestos before making the sales and didn’t think of disclosing it to the buyer.
Such sellers can be sued for misrepresentation and fraudulent activities. So, do you have to disclose asbestos when selling a house? You and I already know the answer to this question.
You can always take up a case in court. According to law, sellers are only allowed to disclose defects that they know about and if a seller can prove innocence to the allegation nailed, he can as well go freely based on not knowing about the defect before making the sale.
What Happens if Seller Did Not Disclose Asbestos?
The seller can be sued for not disclosing asbestos siding when selling the house. However, the lawsuit can only be justified if the state is in support of disclosure and if it can be proved that the seller was aware of the presence of asbestos before selling.
Can you be sued for not disclosing the presence of asbestos? You can be sued if you know about it but purposely didn’t speak about it. The lawsuit can only be justified if the state is in support of disclosure and if it can be proved that the seller was aware of the presence of asbestos before selling.
Such a seller can be sued for violating a law and is likely to be charged for damages, fraud, deceit, and manipulation just to get money or a breach of contract. It is safer to speak and come up with a friendly agreement for both parties than to be mute about it.
Can Asbestos be Removed?
Asbestos can be removed and replaced with other better materials. Professionals should be called to carry out the process of removing it. Trying to do them on your own can be hazardous and you can risk yourself exposure to inhaling the asbestos fiber.
Getting professionals who know more about removing asbestos is your best option, don’t choose to do it yourself, though there are precautions you can follow if you are adamant to do it yourself but why go through the stress when you can hire at a cost and get it done by professionals? That means you can drill into an asbestos siding.
How Much Does it Cost to Remove Asbestos?
The cost to remove asbestos is dependent on various factors; it is dependent on location, who wants to get the job done, maybe some random person from the street or professionals with a company tag, or the size of the affected area. There isn’t any fixed price, find the best suit professional and make a deal.
Conclusion
Staying on the right side of people and the law can save you money, time, and a stress-free life if you choose to disclose the presence of asbestos in your property. A good deal can be drawn if both parties are aware of the challenges and defects of a property than keeping it mute intentionally.
Repair expenses can be shared between buyer and seller or any suitable agreement that befits both parties.
