QUESTION

3 months ago we bought a home that now has asbestos in attic . We were told in the disclosure there was no asbestos

Asked on Jul 31st, 2017 on Real Estate - California
More details to this question:
We were told in our home disclosures that there was no asbestos, but when we attempted to install insulation we were told there was asbestos. We hired an asbestos team and they found asbestos and sent samples to a lab, but shut our air conditioning off. Do we have a Case?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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You have a claim against the sellers only if they knew about it and did not disclose it, AND you could not have discovered it by making a reasonable visual inspection of the home. If you and your real estate agent did not see it, then how were the sellers supposed to know it was there? Did they install it? Did the prior owner disclose to the sellers that there was asbestos? Did your real estate agent advise you to have the insulation on the heating and air conditioning ducts checked for asbestos? Depending on what the insulation looked like and how old the home was, your agent might have had a duty to give you some advice regarding checking for asbestos. If the agent didn't, you might have a claim against the agent. Please call me to discuss. Dana  
Answered on Aug 02nd, 2017 at 4:32 PM

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