Legal Question in Real Estate Law in California
Disclosure Statement
I purchased a house that contained asbestos in the attic and HVAC system. The disclosure statement at time of sale said "no hazardous materials including asbestos." We have a copy of the statement signed by the agentbut not the seller's signature is not on our copy.The real estate agent represented both buyer and seller.
The seller now lives in Idaho and the agent is taking no responsibility. Cost for removal and abatement of the asbestos and replacement of the HVAC system have totalled over $8000. I have documentation, lab tests and waste manifests for the abatement of the asbestos. I would like to be compensated for my loss; can I request this from the real estate agent along with the seller? Will the seller living out of state be a problem?
1 Answer from Attorneys
Re: Disclosure Statement
The disclosure statement is not a warranty. To be able to
sue on a state of facts different than the disclosure, you
must prove that the seller had knowledge of the existence of
the asbestos. If you have such knowledge, you can sue him. His
being out-of-state may complicate matters, but you can sue him
in California (where the contract was to be performed), and the
complications for him will be greater than for you.
If you believe that his agent knew of the presence, or that a competent
real estate agent making a physical inspection would have discovered the
presence of asbestos, you can sue for nondisclosure or negligence. However,
I am not sure of the competence of real estate agents extends that far.
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