QUESTION

I've owned a home, built in 1979, for 3 years. Is there any law that protects me from undisclosed asbestos, lead, etc that may come up after the fact?

Asked on Nov 20th, 2012 on Residential Real Estate - Nevada
More details to this question:
I recently found a leak from my culligan water softner, It had been slowly leaking for some time and mold appeared. I called a remediation company and they said I need an asbestos test because it was built before 1985. Is there any legal culpability if it is found on the bank for not having a test done or possibly not disclosing this?
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1 ANSWER

R. Christopher Reade
There is no legal liability to you by your Bank to test for asbestos or to make sure that your home is free of toxins. The claim for relief that most Buyers try to pursue to is legal action as against the Seller.  Under Chapter 113 of the Nevada Revised Statutes, residential property sellers are required to disclose (usually at least 10 days before conveyance) any known defects to buyers before the property is conveyed. NRS 113.130(1)(a).  However Sellers are not required to disclose defect in residential property of which the Seller is not aware.  The term “aware” means that the Seller realizes, perceives, or has knowledge of that defect or condition.  Nelson v. Heer, 123 Nev. 217, 225-26 (2007). If the seller conveyed the home to you without written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to you (and subject to some mall exceptions), you would be entitled to recover from the seller three (3) times the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorney's fees. NRS 113.150(4).  However an action to enforce the disclosure requirements must be commenced not later than 1 year after you discover or reasonably should have discovered the defect or 2 years after the conveyance of the property, whichever occurs later. Id.  Therefore the burden would be on you to show (a) knowledge by the Seller; (b) failure to disclose by the Seller and (c) that you did not know and reasonably should not have known about the presence of the asbestos within the last year.
Answered on Nov 21st, 2012 at 2:42 PM

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