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This house is 50 years old so the chances are quite good it has asbestos and when he tested the air he confirmed there was asbestos. Im not worried about getting my earnest money back but someone selling a house and lying on the disclosure especially when it comes to asbestos is against the law. The seller put me and the inspector in harms way due to her own greed not to. If I knew about the asbestos I would have never shelled out $275.00 for an inspection had the seller been honest and said there was asbestos in the crawl,space in the first place. I'm on SS $275 is allot of money and I plan on getting it back. The current seller may have a sudden lapse of memory but the person who sold her the house is a dentist and I'm sure his memory works just fine.
I'm not looking at any kind of lawsuit other than to get my $275 back. if the Dentist attests he was aware of the asbestos and made sure the current seller knew of the asbestos than the current seller doesn't have much of a leg to stand on. If I can prove she knew about the asbestos through the dentist knowing I could have gotten cancer from the asbestos I'm going to push legal action be held against her she showed me no mercy I'll be damned if I'm going to show her any mercy
This house is 50 years old so the chances are quite good it has asbestos and when he tested the air he confirmed there was asbestos. Im not worried about getting my earnest money back but someone selling a house and lying on the disclosure especially when it comes to asbestos is against the law. The seller put me and the inspector in harms way due to her own greed not to. If I knew about the asbestos I would have never shelled out $275.00 for an inspection had the seller been honest and said there was asbestos in the crawl,space in the first place. I'm on SS $275 is allot of money and I plan on getting it back. The current seller may have a sudden lapse of memory but the person who sold her the house is a dentist and I'm sure his memory works just fine.
I'm not looking at any kind of lawsuit other than to get my $275 back. if the Dentist attests he was aware of the asbestos and made sure the current seller knew of the asbestos than the current seller doesn't have much of a leg to stand on. If I can prove she knew about the asbestos through the dentist knowing I could have gotten cancer from the asbestos I'm going to push legal action be held against her she showed me no mercy I'll be damned if I'm going to show her any mercy
So he did an air quality test and sent it to the lab for analysis? What did it come back at?
This house is 50 years old so the chances are quite good it has asbestos and when he tested the air he confirmed there was asbestos. Im not worried about getting my earnest money back but someone selling a house and lying on the disclosure especially when it comes to asbestos is against the law. The seller put me and the inspector in harms way due to her own greed not to. If I knew about the asbestos I would have never shelled out $275.00 for an inspection had the seller been honest and said there was asbestos in the crawl,space in the first place. I'm on SS $275 is allot of money and I plan on getting it back. The current seller may have a sudden lapse of memory but the person who sold her the house is a dentist and I'm sure his memory works just fine.
I'm not looking at any kind of lawsuit other than to get my $275 back. if the Dentist attests he was aware of the asbestos and made sure the current seller knew of the asbestos than the current seller doesn't have much of a leg to stand on. If I can prove she knew about the asbestos through the dentist knowing I could have gotten cancer from the asbestos I'm going to push legal action be held against her she showed me no mercy I'll be damned if I'm going to show her any mercy
Uhhh... good luck with all that but if you honestly think an attorney is going to take up a case for you solely to recoup $275, I have a bridge in Brooklyn to sell you. As someone else stated, generally failure to disclose in most states is a civil matter, not a criminal occurrence. Additionally, once your earnest money is returned to you, what damages have you incurred? The inspection fee is part of your doing due diligence; most states are caveat emptor, and recouping your inspection fee based upon not liking the results really doesn't happen. You're trying to prove a fraud case based upon second-hand hearsay; you have a really uphill climb in small claims court if you decide to pursue this.
Just take your earnest money, find another house, and move on with your life. Your claims of contracting cancer from asbestos possibly found in a crawlspace are a little hyperbolic, no?
This house is 50 years old so the chances are quite good it has asbestos and when he tested the air he confirmed there was asbestos. Im not worried about getting my earnest money back but someone selling a house and lying on the disclosure especially when it comes to asbestos is against the law. The seller put me and the inspector in harms way due to her own greed not to. If I knew about the asbestos I would have never shelled out $275.00 for an inspection had the seller been honest and said there was asbestos in the crawl,space in the first place. I'm on SS $275 is allot of money and I plan on getting it back. The current seller may have a sudden lapse of memory but the person who sold her the house is a dentist and I'm sure his memory works just fine.
I'm not looking at any kind of lawsuit other than to get my $275 back. if the Dentist attests he was aware of the asbestos and made sure the current seller knew of the asbestos than the current seller doesn't have much of a leg to stand on. If I can prove she knew about the asbestos through the dentist knowing I could have gotten cancer from the asbestos I'm going to push legal action be held against her she showed me no mercy I'll be damned if I'm going to show her any mercy
What is the wording in the disclosure form? And what did she indicate about her knowledge on that form?
In our state, it doesn't say, "I swear there is no asbestos." Ours asks "is the seller aware of any of the following ...," with asbestos included in a list of possible environmental hazards, and the possible answers are "Yes," "No" and "N/A."
If she checked N/A, you would have a difficult time proving she did know.
Well, you COULD sue her, but it would be a waste of time. Unless she is an expert in asbestos, it's highly probably that she had no idea that she had asbestos.
That's what inspections are for -- "trust, but verify". :-)
You would have to show damages from her failure to disclose something that she could probably argue she had no idea was there in the first place. Yeah . . . good luck with that. You're out a little bit on the inspection. I suspect that she will decline to address the issues and then you can withdraw with your earnest money. You could certainly take her to small claims court to try to recover the $275 -- but you need to have proof. Do you have proof that she knew? Probably not.
As to why she isn't contacting you today: She has to do her due diligence, too, and is probably getting an independent estimate for repairing the problems you have found. Perhaps her inspector/contractor is lagging ni giving her an estimate -- it's the weekend, after all.
Simmer down. Your deadline is tomorrow, and you are working yourself up into a tizzy over a very straight-forward matter. Get some sleep and deal with it tomorrow. If she doesn't come forward with a counter-proprosal, terminate the contract and move on.
I'm currently trying to buy a house on the initial inspection the inspector told me the house had asbestos within 3 minutes of being in the crawl space as the inspection went on he noticed 3 small spots of mold in the crawl space under the bath tub which would indicate the bathtub would be the source of mold. One thing I've learned about mold (I'm allergic to it) is if you see it on one side of the wall the other side of the wall is going to be twice as bad. There's tiles underneath the faucet that are missing so God only knows what the rest of the sub floor looks like under the tub.
A few days after the inspection I started thinking and asked the inspector to meet me at the house, we went back down into the crawl,space and my suspicions were confirmed there's mold growing on the asbestos so the inspector revised the inspection rejection and sent it to the sellers real estate agent. I would have fixed the mold in the bathroom myself and while the sub floor was out would have removed the mold in the crawl space and sealed the wood so mold would never be a problem again but the one thing I can't do is remediate mold on asbestos. Mold has roots that grow into the pourus material and must be removed or they can grow back with the right amount of moisture so the only way to ensure the mold won't grow back is which involves sanding or scrubbing.
The seller is well aware of the problem and has until tomorrow (Monday) to reply to inspection objection. I found out who the seller was and found her on FB. She moved out of the house in May and it appears to me she can't afford the the thousands of dollars it's going to cost to remediate the asbestos. She bought the house in 2009 has no equity and I'm sure had the house inspected and unless the inspector was so incompetent saw the white coating on the air ducts completely dismissed the fact the house had asbestos.
I'm beginning to think that because she has two preteen daughters realized the dangers of asbestos and moved out in May and because she wanted to sell the house so bad never mentioned the asbestos in the disclosure. Today is Sunday I don't know why she can't contact her real estate agent and tell him she can't afford to remediate the asbestos give me back my ernest money so I can find a house that shouldn't be condemned and allow me to find a seller that's honest and will tell me about any potential health hazards. At this point I am furious and regardless what her response is on the inspection rejection as to what she's going to fix my reply will be NO!
If I can prove she knew about the asbestos in the inspection she received when she bought the house due to the serious of the asbestos and she purposely withheld that information from me can I press criminal charges against her?
For you to want to proceed with criminal charges means, to me anyway, that you are revengeful, not just content with getting your costs back. I think you have a problem here.
Lying is not a crime unless it is perjury or slanderous. This example is neither.
This house is 50 years old so the chances are quite good it has asbestos and when he tested the air he confirmed there was asbestos. Im not worried about getting my earnest money back but someone selling a house and lying on the disclosure especially when it comes to asbestos is against the law. The seller put me and the inspector in harms way due to her own greed not to. If I knew about the asbestos I would have never shelled out $275.00 for an inspection had the seller been honest and said there was asbestos in the crawl,space in the first place. I'm on SS $275 is allot of money and I plan on getting it back. The current seller may have a sudden lapse of memory but the person who sold her the house is a dentist and I'm sure his memory works just fine.
I'm not looking at any kind of lawsuit other than to get my $275 back. if the Dentist attests he was aware of the asbestos and made sure the current seller knew of the asbestos than the current seller doesn't have much of a leg to stand on. If I can prove she knew about the asbestos through the dentist knowing I could have gotten cancer from the asbestos I'm going to push legal action be held against her she showed me no mercy I'll be damned if I'm going to show her any mercy
Lol. You're kidding. You would have to subpoena the previous home sale records to even see if the previous owner said anything about asbestos in disclosures. I GUARANTEE that he said he didn't know. I'm sure his memory will be quite vague if not completely absent if you vine around. When I sell a house that's what I say. I DONT KNOW. It's up to YOU to figure out if the house is a cancer box ready to kill you in three days or less.
Do you go in ANY older house, restaurant, cafeteria or building? You probably come in contact with asbestos. You just don't know it. A occasional contact with asbestos has no effect on your health. Stop being such a drama queen. And that's a lot of proving before you even get to file.
Asbestos isn't going to give you cancer in the time it took to do an inspection. I just spent $650 on an inspection that turned out bad, it's all part of the home buying process, just move onto a new house. The OP is more annoying than Miranda Sings.
OP, if money is so tight that you can't afford to lose $275 on an inspection that doesn't produce the results that you want, perhaps you need to reconsider buying a house in the first place. I guarantee that the next home, unless it's brand-new, could possibly have older wiring that could kill you, or radon, etc. And even brand new houses can have their own issues, including code violations that could do you in. You really need to get a grip on reality.
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