- Find a Real Estate Professional
- Realtors®
- Mortgage Lenders
- Home Improvement Pros
- Other Real Estate Services
- Review an Agent, Lender or Pro
- Marketing on Zillow
- Real Estate Agent Advertising
- Join the Professional Directory
- Popular
- Real Estate Market Reports
- More
Replies (16)
- Percival, "Bazil769"
- Contributions:16
Also we have an addendum stating that the if the asbestos remediation was more than $500 we would not pay for it. Can we ask the seller to lower the asking price of the house?
- Michael Emery, "MikeEmery"
- Contributions:7298
Question. Did the inspection reveal asbestos dust in duct work, asbestos wrapped hot water pipes leading from and going to a boiler, or asbestos wrapped duct work?
Asbestos wrapped pipes and / or duct work does not necessarily need remediation as long as the asbestos is not disturbed. Asbestos becomes a problem when it's disturbed and the long strands of fibers are released into the air.
If you have asbestos dust IN the duct work, then it may be necessary to do remediation on all the duct work to eliminate the dust.
If you haven't already done so, talk to your home inspector about whether or not the asbestos needs remediation. And if it truly is an issue, the homeowners would have to disclose this 'defect' to anyone else looking at the home.
Asbestos wrapped pipes and / or duct work does not necessarily need remediation as long as the asbestos is not disturbed. Asbestos becomes a problem when it's disturbed and the long strands of fibers are released into the air.
If you have asbestos dust IN the duct work, then it may be necessary to do remediation on all the duct work to eliminate the dust.
If you haven't already done so, talk to your home inspector about whether or not the asbestos needs remediation. And if it truly is an issue, the homeowners would have to disclose this 'defect' to anyone else looking at the home.
- Ryan Cook, "ryancookrealtor"
- Contributions:153
Percival - This is an issue you really need to take up with your Realtor. If you are not working with a Realtor, then you should ask your real estate attorney. If you're not working with a real estate attorney...well, best of luck.
Realistically, from the information you provided, if you had a contingency that was included as part of your offer stating that asbestos remediation not to exceed $500, then you need to have an estimate on the cost of asbestos removal. If it's more than $500 (and even a small job generally is), then that sounds like your "get out of this contract free" card.
You can go ahead and play hardball with the seller. Hopefully you reviewed a Seller's Property Disclosure statement prior to making an offer on the property. If you did and asbestos was not noted or marked as "unknown"...well, if you walk away the seller will have to disclose that the property has asbestos, which will likely cost more in terms of future offer price than the cost of remediation.
If you really want the home, find a way to negotiate this issue and continue moving forward. If you had a contingency for the $500, you could offer to share in the cost of removal up to $500...again, this is dependent upon your motivation level. You could also offer to do the work yourself if the price is reduced. Asbestos is nothing to mess around with and adversely affects the value of real estate. As an investor myself, I look for homes with issues (asbestos, mold, fire damage, foundation, etc) and utilize that info to my advantage to negotiate better terms for myself as I am assuming risk and risk has a price.
If you're working with a Realtor, you should be having these conversations together.
Realistically, from the information you provided, if you had a contingency that was included as part of your offer stating that asbestos remediation not to exceed $500, then you need to have an estimate on the cost of asbestos removal. If it's more than $500 (and even a small job generally is), then that sounds like your "get out of this contract free" card.
You can go ahead and play hardball with the seller. Hopefully you reviewed a Seller's Property Disclosure statement prior to making an offer on the property. If you did and asbestos was not noted or marked as "unknown"...well, if you walk away the seller will have to disclose that the property has asbestos, which will likely cost more in terms of future offer price than the cost of remediation.
If you really want the home, find a way to negotiate this issue and continue moving forward. If you had a contingency for the $500, you could offer to share in the cost of removal up to $500...again, this is dependent upon your motivation level. You could also offer to do the work yourself if the price is reduced. Asbestos is nothing to mess around with and adversely affects the value of real estate. As an investor myself, I look for homes with issues (asbestos, mold, fire damage, foundation, etc) and utilize that info to my advantage to negotiate better terms for myself as I am assuming risk and risk has a price.
If you're working with a Realtor, you should be having these conversations together.
- Percival, "Bazil769"
- Contributions:16
Yes i do have an agent.The fabric duct wrap material tested positive for asbestos (Chrysotile) the fabric wrap was found on several duct joints near the chimney, it was distrubed by the seller he removed it before my inspector came to draw a sample, luckily he still got a sample and tested it.
- Call The Sisters, "Call The Sisters"
- Contributions:373
Referring to Michael's answer - it's difficult to advise you without knowing exactly what type of asbestos remediation is involved.
In my area of practice we find asbestos wrapped pipes in basements frequently. Michael is correct that as long as it is not dry, flaking, or hanging down or shedding it usually does not pose a problem.
Some homeowners use a kit sold by Lowes to seal and wrap the pipes to contain the asbestos.
What did the home inspector recommend? Usually they offer a solution to each problem they find.
In my area of practice we find asbestos wrapped pipes in basements frequently. Michael is correct that as long as it is not dry, flaking, or hanging down or shedding it usually does not pose a problem.
Some homeowners use a kit sold by Lowes to seal and wrap the pipes to contain the asbestos.
What did the home inspector recommend? Usually they offer a solution to each problem they find.
- Percival, "Bazil769"
- Contributions:16
Ryan.. you sound very knowledgeable, thank you very much for you advice..i really liked your answer, right now i have to give my agent a response to the sellers refusal to do the remediation. I reviewed the Seller's Property Disclosure statement prior to making the offer and there was no mention of asbestos being found on the property. Jayne... the seller went to the property and removed the asbestos containing material himself in an attempt to deceive us and claim that there was no asbestos found on the property. Due to his actions the asbestos was disturbed. Our Inspector said
"Since the area in question was in poor overall condition, it is recommended that they be properly removed from this area by a certified
remediation crew. Once the remediation is complete, air testing should be performed to determine that the air is once again safe to breathe.
Pleasenote, prior to our sampling a large piece of the asbestos wrap had been removed, but remnants were still found on the nails used to secure it.Additional asbestos duct wrap was found and sampled".
"Since the area in question was in poor overall condition, it is recommended that they be properly removed from this area by a certified
remediation crew. Once the remediation is complete, air testing should be performed to determine that the air is once again safe to breathe.
Pleasenote, prior to our sampling a large piece of the asbestos wrap had been removed, but remnants were still found on the nails used to secure it.Additional asbestos duct wrap was found and sampled".
- Michael Emery, "MikeEmery"
- Contributions:7298
Left undisturbed, asbestos is not an issue and does not have to be disclosed. Most homes have some asbestos as it has been used in siding, pipe insulation, as a part of vermiculite attic insulation and even vinyl flooring.
But now that the homeowner has disturbed the asbestos, they have released asbestos fibers into the air and on any surfaces in the room. I'm not an inspector but I believe at this point they would either need to disclose the disturbance / removal of the asbestos or do remediation. By removing the asbestos they have opened a huge can of worms that they or a future buyer will have to fix to make this home safe.
Personally, as this appears to be due to the stupidity of the homeowner, I would ask for the seller to pay 100 percent of remediation as $500.00 won't cover the cost.
But now that the homeowner has disturbed the asbestos, they have released asbestos fibers into the air and on any surfaces in the room. I'm not an inspector but I believe at this point they would either need to disclose the disturbance / removal of the asbestos or do remediation. By removing the asbestos they have opened a huge can of worms that they or a future buyer will have to fix to make this home safe.
Personally, as this appears to be due to the stupidity of the homeowner, I would ask for the seller to pay 100 percent of remediation as $500.00 won't cover the cost.
- Michael Watkins, "Michael Watkins"
- Contributions:305
Trust your instincts, If you are having second thoughts about buying, then don't buy. Every property will have issues that will have to be dealt with over time. If you really want this house what is your tolerance for repairs, both the know and unknown.
Seek advice on the cost of repairs and the cost of ownership to determine if the cost of ownership of this house are our of your comfort range.
There are plenty of houses out there with fewer problems and would be easier to own.
what if you are going to sell this home in the future,? what will you have to fix for the next buyer.
- Call The Sisters, "Call The Sisters"
- Contributions:373
Percival, Most sellers in Pa think the Sellers Disclosure is unenforceable. It is a legal document and the seller can be sued. You have failure to disclose plus an attempt to defraud by the seller.
We have a case here in Lackawanna County where the seller was sued for failure to disclose hazardous materials buried on the property. it cost the seller 60K. 30% of the original sales price.
Your buyers agent can get an extension to the normal inspection period of 10 days or extend the time you have to reply. I have done it many times. Indicate to the seller you wish to get an estimate from a remediation company before you respond to his refusal to pay.
Since this was tampered with and now in the enviornment anything less than remediation is unsafe. It would also cross my mind to wonder what else this seller is concealing.
Even if you get an extension you still have a "free pass" to back out of the deal. If you cannot afford to do the remediation and the seller is not willing to pay for it -lowering the price of the home does not give you the cash to pay for remediation.
If you cannot fix and eliminate the problem before moving in - is this home worth the potential health hazard you and your family might be exposed to?
We have a case here in Lackawanna County where the seller was sued for failure to disclose hazardous materials buried on the property. it cost the seller 60K. 30% of the original sales price.
Your buyers agent can get an extension to the normal inspection period of 10 days or extend the time you have to reply. I have done it many times. Indicate to the seller you wish to get an estimate from a remediation company before you respond to his refusal to pay.
Since this was tampered with and now in the enviornment anything less than remediation is unsafe. It would also cross my mind to wonder what else this seller is concealing.
Even if you get an extension you still have a "free pass" to back out of the deal. If you cannot afford to do the remediation and the seller is not willing to pay for it -lowering the price of the home does not give you the cash to pay for remediation.
If you cannot fix and eliminate the problem before moving in - is this home worth the potential health hazard you and your family might be exposed to?
- Percival, "Bazil769"
- Contributions:16
Thank you for the advice.I will definitely speak to a real estate attorney about this situation.
- Sharon Lewis, "Sharon Lewis"
- Contributions:3923
Here are two things to think about ......do you have children? Do you want them exposed to this?
And remember , at some point, you are going to resell this home, you have to disclose the asbestos at that time, unless its been remediated.
And remember , at some point, you are going to resell this home, you have to disclose the asbestos at that time, unless its been remediated.
- Steven Pacchiano, "NY Broker"
- Contributions:313
the seller should pay to remove it and provide you with a safe home to live in. I just bought a house my self, where we found asbestos. The seller payed to remove it and we bought the house.
- Jim Basquette CRS, CNE, "Jim Basquette"
- Contributions:1231
Percival,
Since you have not bought the home yet, you have choices that have very little to do with disclosures, law and what the seller "should" do. The asbestos is not your problem until you buy and now you are aware of the issue.
There are two issues here, one is how much do you want the house? You know about the asbestos now and because of your addendum, you are not required to buy. The seller is not required to sell. You cannot force the seller to remediate or lower the price, but you can certainly try. If you want the house enough, you may have to accept the house a whatever you and the seller CAN agree on. Your other choice is to move on to another home.
The second issue is health. As Michael pointed out, it may not have been a serious health issue (or at least until the seller tried to remove it). Now that we know it was disturbed, you should so whatever clean up is required to make it safe.
I would get an estimate of the remediation cost and decide if this house is one you want enough to take it as it is or not. It could be if you just release the contract, the sellers may decide they should have accepted the offer and paid for the remediation and possible after they lose out on your offer, they may be more negotiable if you decide to make another offer later. You just have to be prepared that the home could sell before then.
They will now have to disclose this to future buyers and it will certainly hurt the chance of selling for the price they want. You could even end up with a better deal by waiting.
Since you have not bought the home yet, you have choices that have very little to do with disclosures, law and what the seller "should" do. The asbestos is not your problem until you buy and now you are aware of the issue.
There are two issues here, one is how much do you want the house? You know about the asbestos now and because of your addendum, you are not required to buy. The seller is not required to sell. You cannot force the seller to remediate or lower the price, but you can certainly try. If you want the house enough, you may have to accept the house a whatever you and the seller CAN agree on. Your other choice is to move on to another home.
The second issue is health. As Michael pointed out, it may not have been a serious health issue (or at least until the seller tried to remove it). Now that we know it was disturbed, you should so whatever clean up is required to make it safe.
I would get an estimate of the remediation cost and decide if this house is one you want enough to take it as it is or not. It could be if you just release the contract, the sellers may decide they should have accepted the offer and paid for the remediation and possible after they lose out on your offer, they may be more negotiable if you decide to make another offer later. You just have to be prepared that the home could sell before then.
They will now have to disclose this to future buyers and it will certainly hurt the chance of selling for the price they want. You could even end up with a better deal by waiting.
- Percival, "Bazil769"
- Contributions:16
The seller has agreed to re-mediate and we pay for the air quality test. We agreed to this because we want to have our own test done to ensure that we will be moving into a safe environment. Thank you very much for your advice guys, we really appreciate it.
- Jim Basquette CRS, CNE, "Jim Basquette"
- Contributions:1231
Glad it worked out.
- sunnyview
- Contributions:25139
It sounds like you came to a good compromise. Thanks for the update and good luck with your upcoming move.
Should I Buy This House With Asbestos?
Stating a discriminatory preference in an advertisement for housing is illegal. If you think this content is discriminatory or otherwise inappropriate and feel it should be removed from Zillow, please let us know by completing the information above.
We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.