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Message
Found asbestos on ceiling and I am closing on house in 2 days
Posted on 5/19/14 at 1:02 pm
Posted on 5/19/14 at 1:02 pm
This is a fsbo and the purchase agreement states that an inspection shall be completed within 15 days after agreement signing. Well that window has passed although I did do a general house inspection.
Well the house has popcorn ceiling and I wanted to renovate the house prior to moving in. Tested it out of caution for asbestos although their disclosure statement said "not known" for asbestos in home. Anyway, now I'm faced with a home that is now devalued slightly (now that I have knowledge of it and will have to disclose if I ever try and sell) or I am $9000 in the hole to remove it
What recourse with the sellers do I have? I am outside of the stated inspection period but I do still have the final walk through opportunity. Is that my final out that I can use to negotiate? I am considering just asking for us to split it 50-50
Eta: the final walk through states that I have to agree that condition of the house is still the same or better at the time of walk through. Seems pretty open ended as to my interpretation of condition and it does state "re-inspect"
Well the house has popcorn ceiling and I wanted to renovate the house prior to moving in. Tested it out of caution for asbestos although their disclosure statement said "not known" for asbestos in home. Anyway, now I'm faced with a home that is now devalued slightly (now that I have knowledge of it and will have to disclose if I ever try and sell) or I am $9000 in the hole to remove it
What recourse with the sellers do I have? I am outside of the stated inspection period but I do still have the final walk through opportunity. Is that my final out that I can use to negotiate? I am considering just asking for us to split it 50-50
Eta: the final walk through states that I have to agree that condition of the house is still the same or better at the time of walk through. Seems pretty open ended as to my interpretation of condition and it does state "re-inspect"
This post was edited on 5/19/14 at 2:02 pm
7
Posted on 5/19/14 at 1:05 pm to TulaneUVA
if it is not brittle just leave it alone
Posted on 5/19/14 at 1:18 pm to TulaneUVA
quote:
What recourse with the sellers do I have? I am outside of the stated inspection period but I do still have the final walk through opportunity. Is that my final out that I can use to negotiate? I am considering just asking for us to split it 50-50
how much was your earnest money?
Posted on 5/19/14 at 1:28 pm to TulaneUVA
Ask the attorney that is handling your closing for his advice. He may even be able to help negotiate an agreement for you.
This post was edited on 5/19/14 at 1:29 pm
Posted on 5/19/14 at 1:44 pm to TulaneUVA
Sounds like you missed your window of opportunity to contest anything during inspection period.
Posted on 5/19/14 at 2:03 pm to Mr.Perfect
quote:
if it is not brittle just leave it alone
That's besides the point now. I have known asbestos and I have to disclose it from here on out. Future buyers may be deterred
Posted on 5/19/14 at 2:03 pm to Hawkeye95
quote:
how much was your earnest money?
Less than a grand
Posted on 5/19/14 at 2:11 pm to TulaneUVA
quote:
Less than a grand
You can walk and loose your earnest money then hope they don't try to sue you. I had this happen to me on a house I was selling. The buyers decided at the last minute they couldn't afford the house even though they were approved on financing. I could have sued and won but it would have tied me up in court and the house for years. It wasn't worth it to me. Probably not worth it to your sellers either. If it were me I would make them pay the full cost of removal or walk. Although you should have made an honest attempt to get an inspection within the 15 days.
This post was edited on 5/19/14 at 2:13 pm
Posted on 5/19/14 at 2:31 pm to lsufan1971
Lots of houses have asbestos. As long as you don't crack it, it's fine.
Posted on 5/19/14 at 2:35 pm to guttata
quote:
Lots of houses have asbestos. As long as you don't crack it, it's fine.
quote:
That's besides the point now. I have known asbestos and I have to disclose it from here on out. Future buyers may be deterred
Posted on 5/19/14 at 2:50 pm to TulaneUVA
I think lenders also may not want to loan money for a house with asbestos. I know we had a sort of issue with a lender freaking out about our asbestos siding which was actually redwood.
Posted on 5/19/14 at 3:36 pm to Broke
Never thought about this... I bought a house back in March. Built in 1984. Had popcorn ceilings. I scraped the shite of them. Never tested for asbestos. Am I going to get Mesothelioma now?
Posted on 5/19/14 at 3:44 pm to TulaneUVA
you lender will not lend money on a house with asbestos major liablilty to them. i would use that as the reason they should pay for the removal. you missed your grace period but i find it hard to believe they didnt know they had asbestos.
Posted on 5/19/14 at 3:49 pm to lsufan1971
quote:
I could have sued and won but it would have tied me up in court and the house for years. It wasn't worth it to me. Probably not worth it to your sellers either.
This is your answer. If you truly don't want this house without it being fully remediated, then they won't force you to buy it. And they'll have to disclose the asbestos to any future buyers should you pull out, and likely have to have it removed before they'll be able to sell it to anyone else. It seems as though you hold the cards here.
Posted on 5/19/14 at 4:10 pm to TulaneUVA
quote:
Well that window has passed although I did do a general house inspection.
Did your home inspector not see any evidence of asbestos?
Posted on 5/19/14 at 5:08 pm to ItNeverRains
quote:
Did your home inspector not see any evidence of asbestos?
It can be tough to visually tell if something is asbestos. Especially something like popcorn ceiling.
Posted on 5/19/14 at 8:07 pm to TulaneUVA
Exactly, which is why a good inspector says that and asks if you want to pay the extra $25 for a test, and you can pay another $10 or so and get it rushed for next day or so.
Posted on 5/19/14 at 11:38 pm to eng08
Are there any houses in Mississippi without the popcorn ceilings?
Posted on 5/20/14 at 3:01 am to TulaneUVA
quote:
Less than a grand
Who cares what they do, walk away man and tell them they have asbestos! They also have to disclose that from now on and they will have to pay for it.
No way in hell I show up for that final walk thru. I would talk to him once about it and if they balk at doing the right thing, I would find another obscure reason in that contract and use it to haul arse.
Also, shame on you for not having it inspected by a pro
Posted on 5/20/14 at 4:27 am to matthew25
(no message)
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