Can we hold the seller liable for a defect of €30,000?

Questioner

We bought a house almost 2 years ago. The purchase agreement states that there is 1 piece of asbestos above the central heating boiler. And nothing else is known. Now we want to have our house insulated. It turns out that all the roofs are full of asbestos plates. Also in the attic. What can we do with this? Remediation costs around €30,000.

Lawyer

You cannot simply hold the seller liable. In houses of a certain age, asbestos is more likely to be present than not, and you also had reason to investigate further now that asbestos had already been found. Did you have an investigation carried out? The presence of the substance is serious enough to speak of a defect that makes normal habitation impossible, but that does not release you from the obligation to investigate in advance. How old is the house?

Questioner

The house dates from 1976.

Lawyer

That is a reasonable year of construction but have you had research done? Because asbestos was indicated to be present there is even more reason for the future buyer to do so.