Asbestos Liability: Your Legal Questions Answered

Questioner

My 98-year-old mother-in-law had to move from her own flat to a nursing home. So the flat had to be sold. The flat is from the late 1950s. She bought it in the 1970s. She lived there until 2013. No renovations took place during that time. The flat has been sold. The new owner started renovating. She found asbestos in the floor of the toilet. This is being removed by a special company. The new owner holds my mother-in-law liable for the costs of this removal. No one in the apartment building was aware of the presence of asbestos. The question is, is my mother-in-law liable for these costs?

Lawyer

Both a buying and selling party have their obligations when buying and selling a home, such as the duty to provide information and the duty to investigate. Whether both parties have complied with this is unknown to me and not clear from the story. However, your mother, like the other residents, was not aware of the asbestos and therefore could not have known this. In this way, she has at least not concealed something that she should have known. It is also unknown whether the duty to investigate has been sufficiently complied with, since I do not know whether a structural investigation has been carried out, what has been investigated and whether there is a report. But if you do not agree with the claim of the purchasing party, you should let them know in writing. You can do this yourself, but I advise you to hire someone who can advise you and support you with a good substantiation. If you want any further help and/or advice, you can always contact me.