Legal Liability for Asbestos in Real Estate

Questioner

We bought a house and it turned out that the garage contained asbestos corrugated sheets. During the sale I asked the broker and owner if the plates on the garage were asbestos. The broker then indicated that this was not the case, which is also literally stated in the broker's sales brochure. The seller also indicates again that the plates are not asbestos. He bought them at the time as not containing asbestos. After buying the house I found the drawing of the garage in the house. It says that the roof is covered with asbestos sheets. I then sent a sample. Asbestos. The previous owner and real estate agent reported this. The previous owner continues to indicate that he is convinced that there is no asbestos on it. Due to renovations we are going to demolish the garage and then come to the point that the asbestos removal must be done via remediation. Can I still hold the previous owner and/or real estate agent liable for the fact that there is asbestos on the garage and recover the costs?

Lawyer

Yes, that is possible. If you have taken a sample of the plates, which resulted in asbestos, then there is a shortcoming on the part of the seller. You can hold them liable for the costs of remediation. This is preferably done by registered mail.

Lawyer

Assuming that this was not mentioned in the purchase agreement, you can both hold them liable for the asbestos removal costs. Do this by registered mail and regular mail. Good luck!

Lawyer

What does the deed of sale state about the presence or absence of asbestos? Given the statement by the estate agent and the selling party that the panels do not contain asbestos, the seller has failed to comply. You must hold the seller liable and summon him to remove the asbestos. If the seller does not do this, you can do it yourself and recover the damages from the seller. I specialise in disputes about hidden defects in the purchase of real estate and, if desired, I am happy to assist you in this matter. Please feel free to contact me without obligation and free of charge.

Questioner

Thanks for your responses. The purchase agreement (signed at the notary) states that the seller is not aware of asbestos. We left this as it is because the seller and broker indicated that there are no asbestos corrugated sheets on the garage, as stated in the broker's sales brochure. Furthermore, the seller indicated that he was not aware of asbestos elsewhere. (which we did not find either). That is why we left it as it is in the purchase agreement. The seller is/was absolutely convinced that there is no asbestos on the garage. To what extent does this count? So if it turns out afterwards that it is asbestos, can he still indicate that he was not aware of this and therefore not responsible?

Lawyer

The deed of sale probably states that the seller is not aware of the presence of asbestos. This is a standard provision, which places the obligation to investigate the possible presence of asbestos on the buyer. If you can demonstrate that the seller/his agent indicated that there was no asbestos in the panels, you did not have the obligation and you certainly have a case. If not, it will be difficult if you have not carried out a structural investigation.

Lawyer

In addition to the last answer: you received the drawing showing that the panels are made of asbestos from the seller, or was it left in the house by the seller?

Questioner

Correct.

Lawyer

This drawing can also be used to demonstrate that the seller was aware of the presence of asbestos and therefore incorrectly informed you by stating that there was no asbestos in the panels on the garage roof.

Lawyer

Then I think we're done.

Questioner

It does not mean that the material that is on a construction drawing is actually used in the construction. I can imagine that I have a construction drawing made in which the architect indicates a certain type of wood for facade cladding. Then I do the construction myself. I am allowed to use a different type of wood than the given wood on the construction drawing. The same applies in this case for the corrugated sheets.