Purchase contract and asbestos: Legal advice in case of doubts


Questioner

In the draft purchase contract that was sent to me a few weeks ago, it was stated, among other things, that the buyer (me) was aware that asbestos had been used in the property. I immediately called the sales agent and said that he had not told me anything about this during the two viewings and the negotiations afterwards and what the agent and/or seller intended to do about this, or in what way to accommodate me in this. The agent then replied that he really did not know whether and where the asbestos was located in the house and that the seller did not know either. The roof was supposedly renewed in 2008, but apparently no one knows whether the asbestos had been removed then. It could also be in 'air ducts'??? or between the space between the roof and ceiling, or perhaps in the old kitchen. So they could not give me anything concrete. In the end I just indicated that I was, to put it mildly, definitely NOT satisfied with this answer and that I was withdrawing from the purchase. I am a so-called starter, was slightly uncertain but thought that I was making a good decision. However, I still find this house (which is still for sale) great and I actually regret it (a little). Was it right for me to refrain from purchasing the house or do you possibly have any legal advice with which I can e.g. re-enter negotiations. Thanks in advance for your answer. Kind regards.

Lawyer

You are of course completely free to register your interest again. In this case, I would have a building inspection carried out (always a good idea when purchasing a home) and also instruct the person carrying out the inspection to have an asbestos inventory drawn up. If it were only the air ducts (these were indeed sometimes made of asbestos-containing material in the past) there would not be much of a problem because it would then be 'bonded' asbestos. That material can do no harm as long as you do not drill into it etc. But if, for example, it is a house that is insulated with asbestos panels, removal can be a costly affair. Based on the asbestos inventory, you can have the removal costs estimated and include these in your bid (deduct the costs from the asking price)

Questioner

Thank you very much for your quick response and the clear advice that will help me to try again, now better equipped.

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