Asbestos in your home? Find your rights!

Questioner

I bought a house from a housing association. They sell/sold several homes in the same neighborhood from (around) 1985. It now appears that there is asbestos in the house, no building inspection has been carried out but an appraisal has been carried out. The purchase agreement states that the seller states that they cannot know whether there is asbestos in the house and that they therefore accept no responsibility if it is found. On the other hand, they do warn on their website about the possibility of asbestos in homes built before 1994. So there is a good chance that they would have known this, also in connection with other similar homes that had been sold. So does this fall under hidden defects? Should this also have been included in the assessment?

Lawyer

This can fall under a hidden defect if the seller is indeed aware of the asbestos problem but has not informed you. You as a buyer, on the other hand, have a duty to investigate that goes far in relatively old homes. The seller can be held liable for the damage if normal use is an obstacle to the asbestos problem. I advise you to hold the seller/housing association liable for the damage and to repair it within a reasonable period of time. For more information or assistance, please feel free to contact me directly and without obligation.