Asbestos Garage - Buyers chasing me for removal costs

johnson293

Just after a bit of advice.

We sold our house last July, I had lived their for 13 years. The house was circa 1930's built, and had a detached garage/shed in the back garden, which the panels and roof were asbestos, but not sure when that was built. None of the panels were broken, and the shed was in decent order.

Late last November, we received a letter from our solicitor, stating that the buyers had contacted their solicitor. They had gotten someone out to remove the shed (presumably to make the garden larger) and had been told it contained asbestos, and asked for my reply/comment on the matter.

I phoned my solicitor and explained that the shed had been there for many years before I bought the house, and was not put there by me. I asked what they were looking for/wanting from me and she said she would find out, and get back to me. I heard nothing back.

Today, I have just taken another call from my solicitor - the buyers are preparing legal proceedings to try and recover the cost of removal, as they hadn't heard back from me after the initial letter. I explained that I did contact my solcitior, but it appears this wasn't passed on.

My solicitor said that any instruction for them to act on my behalf will incur costs, and said that they would advise not to instruct them yet, as it may not come to that.

Anyway, bottom line - is it really my responsibility to pay anything toward the removal of the asbestos and this garage/shed?

Should their survey have pciked this up? I suspect their survey was only a valuation survey, rather than structural, as I was present when the surveyor came out, and he went out to the garden but never questioned the garage/shed.

However, surely this is a change they want to make to the property, and in doing so will (potentially) distrurb the asbetsos panels, and require the specialist removal.

Cheers for any advice offered.

silvercar

Anyway, bottom line - is it really my responsibility to pay anything toward the removal of the asbestos and this garage/shed?

No. If they want a shed removed they should pay for it, asbestos or not.

Should their survey have pciked this up? I suspect their survey was only a valuation survey, rather than structural, as I was present when the surveyor came out, and he went out to the garden but never questioned the garage/shed.

If there was anything to "pick up". Even a full strucutural survey would only have said, "There is a shed in the garden. It may contain asbestos. If the asbestos deteriates and needs removal this would be costly."

However, surely this is a change they want to make to the property, and in doing so will (potentially) distrurb the asbetsos panels, and require the specialist removal.

Entirely upto them. If they want it removing they need to pay. If it is asbestos you can sometimes remove the panels intact, which won't be costly. Even if it is deteriating and needs removing and that needs to be by specialist removers, the cost is down to them.

TBH I don't know why your solicitor isn't batting it straight back to theirs. Why does their solicitor think you should be liable?

puddy

i dont know about the law exactly but this is a bluddy nerve, they've bought the house. were you specfically asked on any documents at the time of sale whether there was asbestos in the house or gardens anywhere and if so, did you say 'no'? thats the only thing i can see that they would be annoyed about as that would be misleading but if you were not asked and have not informed them that there is 'no absbestos in the house or garden' then i really dont know what they can do

jenny74

I am no legal expert, but afaik, it is buyer beware!

They have decided to remove it, I cannot see how you can be liable for any costs. Surely your solicitor has an opinion (maybe even a 'professional' one) on this?

We moved in Oct and the garage at our old house was concrete panelled walls with sheet asbestos roof. Their surveyor noticed and said as far as he was concerned, it is not a problem unless it is moved/damaged. As the buyers have decided to move it, it is their problem.

I would write to them and say that you are not liable for this cost as they are now the householders. I can't see it ever getting to court, they have no case!

I expect someone with more experience and nohow will be along soon to reitterate or correct me! (Richard Webster knows his stuff, maybe he can help?)

J

puddy

i wouldnt even bother wasting ink in a pen to be honest, its none of your concern

amersall

hi there, i bought a house with an asbestos garage some years ago,and my local council disposed of it free. i dont know if they still do, but may be worth checking. dont know about the law on this one. but this removal is because they dont want it and not for any other reason, i would get advice from a solicitor. some people make me sick ,i didnt go to the previous owner for them to pay to remove my garage, i enquired and found out about the council. i wanted a new garage and i got one after all i bought the property and that included the garage. good luck with this and i sorry i couldnt be more help

johnson293

Cheers for the replies.

There was nothing on any of the forms about specific materials, just that the garage was part of/included in the sale, but it is in the back garden so was always within the title boundary anyway.

I thought as much that it is their problem, and my solicitor hinted as much, but wouldn't/couldn't comment formally as they aren't acting 'for' me on this one, just passing on the query. Hence why they told me not to instruct them to get involved in too much dialogue yet, but if my reply to the first letter wasn't passed on, the buyers must think I was just ignoring the issue, when I hadn't.

With not instructing my solicitor, they said they would pass on my correspondence address so the other sides solicitor can contact me directly about it.

Wait and see what happens I suppose.

MissMotivation

Caveat emptor!

Buyer's fault for not checking this out before they bought the property. Why your Solicitor is getting involved should be your question!

silvercar

I thought as much that it is their problem, and my solicitor hinted as much, but wouldn't/couldn't comment formally as they aren't acting 'for' me on this one, just passing on the query. Hence why they told me not to instruct them to get involved in too much dialogue yet, but if my reply to the first letter wasn't passed on, the buyers must think I was just ignoring the issue, when I hadn't.

I think the buyers are trying it on and ignoring the issue is the correct response.

Milliewilly

Did you offer any opinion at the time of the sale either verbally or in writing on the structure of the garage? If you did then they could be onto something as the costs of removal are obviously higher than removing a normal garage.

The legal costs will outweigh the removal costs anyway.

If you didn't say anything don't worry - caveat emptor.

puddy

yes, there is no issue to be ignored,

mind you, i think i would like the front room decorated, so i might get my solicitor to contact the previous owners and get them to come round and do it for me,,, i think they should do