Liability for Asbestos in Homes - Legal Aid

Questioner

In July 2015 we bought our house with a large shed on which there is an asbestos roof. We were aware of this. However, the shed is less than 35 m2, which means that the municipality allows you to remove this asbestos yourself in specially supplied plastic. However, the house also has a carport attached to it. When selling, we asked the previous owner whether this roof was fitted with asbestos corrugated sheets. Both the previous owner and the selling agent denied this. The deed of delivery contains an asbestos clause as follows: The buyer is aware that asbestos is used in the sold item, namely in the roof of the shed. In the event of removal of asbestos-containing materials, special measures must be taken based on environmental legislation. The buyer declares that he is aware of this and indemnifies the seller against all liability that may arise from the presence of any asbestos in the sold item. Now that we are planning to replace the shed and thus remove the asbestos, we have started to doubt the presence of asbestos on the carport. On the advice of the municipality, we had a sample tested. Now it turns out that the carport roof also contains asbestos. This means that we are well over 35 m2 and are therefore no longer allowed to do this job ourselves. We now have to have an asbestos inventory report drawn up and have the demolition carried out by a certified demolition company. The costs will therefore be considerably higher than initially estimated. In addition, we have to purchase a new roof for the carport. My question is can we hold the selling broker and the previous occupant liable? And if so, is there a limitation period for this?

Lawyer

Now that the seller has stated that there is only asbestos in the roof of the shed, you did not have to investigate further whether there was asbestos in other places. You should not expect this either. Now that there appears to be asbestos in the roof of the carport, in my opinion there is a defect for which the seller is liable, or at least you can take the position that you have been misled by the seller's statements regarding the presence of asbestos in the carport. In this situation, the seller is obliged to compensate you for the damage you suffer as a result. I specialize in real estate law and am happy to assist you in this matter if you wish. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.

Questioner

Thank you very much for your answer, we can certainly do something with this.

Lawyer

You're welcome and good luck!

Questioner

Thank you very much for your answer, we can certainly do something with this.