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My feeling is that if a issue materially effects the value of the property then the issue should be disclosed. I prefer to be on the safe side and disclose any known issues.
One thing I've learned is that the neighbor always knows what was known and not disclosed or covered up.
As far as asbestos flooring is concerned, I don't think the average person knows that asbestos was a component of vinyl and asphalt tile. I also think that the average person will inflate the potential of harm or costs associated with vinyl asbestos tile, once it is discovered.
By not disclosing the existence of the asbestos tile, the prior owner has exposed themselves to possible civil litigation. Since you now know that the asbestos exists (your neighbor knows you know) you will need to disclose that the asbestos tile exists or face the same risk.
Would you have purchase the property had you known that the asbestos existed?
Would you have offered less on the property had you known that the asbestos existed?
What if you did research and learned that if the tile was not disturbed, that the asbestos presented almost no health risk? That removal and disposal costs would be only slightly higher than removal and disposal of non-asbestos tiles. Would the answers to the above questions change?
There is no risk to you from asbestos tile UNLESS you are physically ripping it off the floor, or unless it's degraded so much that it is breaking apart when you walk on it. If it's intact, you're just being paranoid. If it's in decent condition, cover it with new flooring and forget about it, it's no big deal.
I'm a bit confused. If there was no disclosure why would anyone disclose? And if they didn't and you found something you didn't like, why would you try to make an issue of it? Unless, of course, you are using this to get money out of the sellers who may or may not have known the tiles contained asbestos. All you have is heresay from a neighbor who may have had problems with the old sellers and would like to see them get in trouble.
My house is 70 years old, asbestos siding, lead paint under years of other paint on the walls that the sellers knew nothing about. I wouldn't get all righteous because the previous sellers failed to say something. They probably didn't know either nor did the owners before them.
Or you could do the right thing and chalk it up to experience. You said it was an estate sale, so you'd be suing the estate of a dead man (or woman). You'll cause a lot of heartache and difficulty for the family - do it if you want to get mean and nasty - but recognize that's not playing nice.
Honestly, I think it's pretty obvious to me that every house that is 50 years old has a high likelyhood of lead paint and absestos somewhere in the house. I don't need a seller to tell me that.
well do whatever you think you need to do...but now that you have 'disturbed' the integrity of the tile, you should proceed with caution and have an asbestos removal co. finish the removal.IMO
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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Quote:
Originally Posted by bls5555
Siding and tiling are very different in my opinion. One is outside the house and the other is inside. That poses different risks, doesn't it?
Asbestos is NOT a hazard unless it is disturbed and the fibers escape into the environment. Covering floor tile with carpet is a totally acceptable way of preventing any fibers from getting into the environment.
Also asbestos fiber is a pretty small percentage of the entire tile. The approved method of removal is to wear a HEPA mask and spray the tile with water as it's removed and double bagged for transport to an approved site. The asbestos fiber spray on ceiling product is much more difficult to remove because it is far more friable and that darn gravity makes it more likely to become suspended in the air.
When we bought our house in NJ, the inspector found asbestos. We required the sellers to take care of it, which they did. Ten years later, we sold the house, the inspector found more asbestos, which we had no idea was there.
Asbestos is NOT a hazard unless it is disturbed and the fibers escape into the environment. Covering floor tile with carpet is a totally acceptable way of preventing any fibers from getting into the environment.
It is called encapsulation and is one of 2 ways to deal with asbestos floor tiles.
bls555: you can litigate, which is what you may be leading to. Anyone can sue for any reason. Now can anyone win? can you win? Hard saying not knowing. And then if you do win, what is recoverable? the cost of removal? I'm not sure it makes sense to go further with this, but I may be wrong....
shelly
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