QUESTION
What type of a lawyer do I need? Asbestos discovered in house, trying to determine who's liable and financially responsible.
Asked on Jul 31st, 2015 on Real Estate - California
More details to this question:
Recently purchased a condo in 2014. Mold problem discovered in bathroom while prepping walls for painting. A small section of wall had crumbled out. We had it tested and it came back positive for asbestos, along with positive results for asbestos contamination in the house. A contents management company estimated $18000 plus to clean the house. Insurance company has asked us not to make a claim for asbestos because we had construction in the home months prior. We are wondering what are liability is with this (HOA, future tenants, neighbors, future homeowners) and who is financially responsible for the cleanup/liabilities? Finally, what type of lawyer should we employ to ask these questions to?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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The easiest and fastest way for you to recover for the cost of removal of the asbestos would be your insurance company. You may not be able to recover from the previous owners of the condo because they probably didn't know about the asbestos. As for your liability to future tenants or a buyer of the property, you would now have to disclose the existence of the asbestos to absolve yourself of liability from failure to disclose.
Answered on Aug 29th, 2015 at 11:32 AM