If asbestos testing is done after an inspection are there any laws which require the seller to be responsible for removal prior to closing?

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If asbestos testing is done after an inspection are there any laws which require the seller to be responsible for removal prior to closing?

We’re in escrow on a home and have already had the inspection done, but are currently concerned about potential asbestos in the acoustic ceiling. We’ve heard different stores about who would be responsible for the removal if the home is found to have asbestos. We’ve been told that the seller would be responsible, we’ve also been told that the seller may decide not to sell us the house if we ask them to be responsible, and we’ve also been told that it’s completely our responsibility. Are there any laws regarding this issue?

Asked on June 15, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please speak with your attorney on the sale.  First of all, the inspector should have looked for that and whya re you concerned after the fact?  The abatement could be a deal breaker but could also be a point of negotiation.  It really depends on the facts as they pertain to your case.  Good luck.


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