What to Do When the Seller Did Not Disclose Asbestos

 Posted on February 20, 2024 in Real Estate

Buying a home can be an exciting yet stressful time. As a buyer, you want assurance that the property you purchase does not contain hidden defects or hazards that could cost you time and money down the road. Disclosure laws exist to protect buyers by requiring sellers to reveal known property conditions upfront. However, sometimes, sellers fail to make legally required disclosures or even actively conceal issues. Asbestos is one common area where lack of disclosure frequently occurs. If you learn the home you purchased contains asbestos, working with a Texas real estate lawyer may help.

Consult an Asbestos Professional Immediately

If you discover undisclosed asbestos post-purchase, the first thing to do is consult an asbestos abatement company. Have a certified asbestos inspector assess areas where asbestos is present, the type of asbestos, and the amount. If you decide to take legal action, providing documentation on the scope and location of asbestos early on builds your case. A professional can advise you on containment options, removal costs, safe management protocols, and health risks associated with asbestos exposure in your case. Knowledge truly is power when asbestos gets uncovered, so turn to the experts right away.

Review the Property Disclosure Form

Next, pull out your copy of the seller's Texas Property Disclosure form that was completed before closing. Read it over closely, looking for any mention of asbestos, previous abatement or encapsulation projects, or checked boxes indicating 'yes' for materials such as insulation or wall treatments that may contain asbestos. Even if asbestos is not called out by name, vague disclosures hinting at the possibility could protect the seller from accusations of deceitful nondisclosure later. So, review the entire form with fresh eyes to determine if the seller made any statements related to the possibility of asbestos.

Statute of Limitations

Unfortunately, asbestos disclosure cases can quickly run up against legal deadlines after closing. In Texas, you have two years to file a claim that the seller did not disclose that the home had asbestos. This restricts buyers' time to take legal action after discovering undisclosed asbestos post-purchase. So, make assembling your professional documentation and meeting with an attorney a priority soon after finding asbestos present. Speed is necessary if you hope to keep all options for recouping abatement costs, lowering purchase price retroactively, or pursuing punitive damages against an intentionally deceitful seller within your rights.

Contact a Comal County, TX Real Estate Attorney

Real estate laws related to disclosure and liability for nondisclosure vary by state and individual case factors. That is why your next step should be scheduling a consultation with a Bexar County, TX real estate lawyer. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation.