Asbestos in your home? Get advice from lawyers!

Questioner

We bought a house of which we are aware of the presence of asbestos in a few places (see first part of the asbestos clause). This was agreed, also the release of liability of the seller for the presence of asbestos. Now we have come across the following clause in the concept of the purchase agreement. In my opinion, this goes a step too far. Because if we discover something in the future that makes normal use of the house no longer possible, I still want to be able to hold the seller liable. Or am I making too far-reaching a demand? How to solve this? nb. we haven't signed yet.. From draft purchase agreement: '6.4.3 The buyer is aware that asbestos has been used in the property. supplement article 6.4.3. Buyer declares to be aware of the presence of asbestos-containing substances/materials in the immovable property, namely in the plating of the interior walls of the front and rear facades on the first and second floors. The parties further declare to be aware that there may be more asbestos-containing substances/materials present in the immovable property. The risk thereof lies entirely with the buyer. If the asbestos-containing substances/materials are present, the buyer must take measures and provisions as prescribed by law. Buyer declares to be aware of this legislation and accepts all liability and consequences that may arise from the presence of asbestos and/or removal of asbestos from the immovable property. By way of exception to Article 6.3 of this purchase agreement and Article 7:17 paragraph 1 and 2 of the Dutch Civil Code, the total or partial absence of one or more properties of the immovable property for normal and special use and any other failure of the property to comply with the agreement as a result of the presence of any asbestos in any composition and/or in any location whatsoever shall be at the expense and risk of the buyer.

Lawyer

Good afternoon, The seller has provided all relevant information about the asbestos and it is clear that there is a risk. The seller wants the risk of the asbestos to be entirely yours. You can do four things: - have a comprehensive asbestos inventory carried out and, depending on the outcome, decide whether or not to purchase; - buy now, and then have an inventory done, and stipulate in the agreement that if an inventory reveals more asbestos than is currently known (or the remediation costs exceed a certain amount), you can terminate the agreement or the parties can renegotiate the price; - accept the risk; - cancel the purchase. Especially if the presence of more asbestos has been taken into account in the pricing, it is understandable that the seller in turn does not want to be faced with liability due to asbestos problems in the future.