Asbestos tile covered up by carpet

[bls5555]

Originally Posted by FLBob

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.

This is one of the main problems. What was there problem has now been passed on to me and now if I don't disclose I will be lying and could be sued.

Would you have purchase the property had you known that the asbestos existed?

Possibly, but the offer would have been much lower and if it was at the same price it would have insisted on cleanup. See above bold for why.

Would you have offered less on the property had you known that the asbestos existed?

See above

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?

Problem is though now it HAS been disturbed because we had no clue it was under there. THe previous owner DID know. He supervised all the contract work to fix up the house. The old carpet was ripped off. Then the walls were painted. It is painfully obvious that at the very least the contracter had to have known it was there. I was looking at a Washington State law and it stated that if a contractor comes across it they must notify the owner within 24 hours.

Answers in your paragraph.

This has NOTHING to do with getting money from the seller. You people who are judging don't seem to realize that now I will have to pay out of my own pocket for something that was covered up because now I have to disclose that there is Asbestos tile in the house. You don't think that will scare away buyers?

Anyways, I don't even know if I can do anything, I just wanted to get some info. Thanks for the responses that were helpful.

[FLBob]

While working my way through school I installed floors for a couple of years. Because of that background I am some what familiar with the tile flooring..

I purchased an older home several years back that was completely tiled in what I was petty sure was asphalt asbestos tile. For my own comfort I had the tile and the mastic tested. I was correct both contained asbestos. The removal was as described by DMenscha in an earlier post.

It is a shame that some people attempt to hide known problems with their property. Small claims court is probably the only recourse you have.

[Barking Spider]

Neighbors are not always reliable when it comes to telling you things about the house next door. They sometimes have an ax to grind. Sometimes they are just plain full of cr*p. I have had plenty of neighbors come over to talk to me while I was inspecting a house - I take whatever they say with a grain of salt.
Even if you got the neighbor to say they knew something, at best it is still a he said/he said kind of deal.

Unless you have some sort of written evidence that can prove they knew, I would say you are just out of luck.

As far as a house built in the 20's without asbestos in it? You have got to be kidding. It was a very common additive to many building materials. If the house built in the 20's had plaster walls or ceilings, there was asbestos in it. It was commonly used as a binder. It was used in acoustic ceiling tiles, flooring, both sheet and 8x8" tiles (and some 12" tiles. Pipe insulation both on water pipes and boiler pipes. It was used in duct insulation, floor and ceiling insulation, roofing, siding, counter tops,hard sheet wall paneling. it was even used in lighting fixtures. If the house is brick, it might be in the mortar.

[RosemaryT]

Originally Posted by Barking Spider

Neighbors are not always reliable when it comes to telling you things about the house next door. They sometimes have an ax to grind. Sometimes they are just plain full of cr*p. I have had plenty of neighbors come over to talk to me while I was inspecting a house - I take whatever they say with a grain of salt.
Even if you got the neighbor to say they knew something, at best it is still a he said/he said kind of deal.

Unless you have some sort of written evidence that can prove they knew, I would say you are just out of luck.

As far as a house built in the 20's without asbestos in it? You have got to be kidding. It was a very common additive to many building materials. If the house built in the 20's had plaster walls or ceilings, there was asbestos in it. It was commonly used as a binder. It was used in acoustic ceiling tiles, flooring, both sheet and 8x8" tiles (and some 12" tiles. Pipe insulation both on water pipes and boiler pipes. It was used in duct insulation, floor and ceiling insulation, roofing, siding, counter tops,hard sheet wall paneling. it was even used in lighting fixtures. If the house is brick, it might be in the mortar.

This is one of the best posts I've seen on City Data.

Any house built pre-1950s has asbestos, and most built pre-1970s could have some.

It's part and parcel of becoming a homeowner and becoming a grown-up. And there are worse things in life than finding that your old house has asbestos. It's really not that big a deal.