Asbestos Garage - Buyers chasing me for removal costs

johnson293

Cheers for the further replies.

Just to clarify, on the forms I filled in, there were no questions that related to condition, or make-up/material of the garage/shed - and at no time was I asked by the buyers, or their surveyor/valuer, so I don't think misinterpretation could be an issue.

Anyway, as a slight update, we have received a letter this morning from my solicitor, forwarding a letter from the buyers solicitor (probably what prompted the call earlier in the week).

In short, the letter mentions numerous attempts to contact me - none of which I have received after the inital one in November, and gives me a deadline of today to respond otherwise the buyers will begin proceedings to recover the costs of removal. It also came with a quotation from an Asbestos removal company (ACS HSE) for the dismantle/take away (£1,095 + vat).

This is where it gets slightly complicated...

I rang his solicitor, who advised that they were no longer acting for the buyer on this, or any other matter, and that the letters they had sent thus far were simply as a 'good will gesture' after he had raised the issue with them.

I explained that I had only ever received one letter, and she said that the further correspondences were sent to my solicitor, who either hadn't passed them on or they were lost in post. I explained my side of the situation, which she could understood, but then again explained that she wasn't acting for the buyer in this.

However, she said she will contact him today and advise that I have been in touch, and explain that some of the past correspondences weren't passed on, and that I wasn't ignoring him. She would also advise him of my stance in this, and asked if it was ok to advise him to contact me directly if he needed to, which i agreed to.

So in short, it seems that our solicitors have been caught in the middle, when niether are actually acting for us anymore. The action he is threatening would be with a different solicitor, who I haven't heard from yet.

So, again its a case of wait and see if he gets in touch himself.

[Deleted User]

I was told by someone who removed asbestos as his employment that asbestos was safe unless in bad condition or being removed. Its their decision to remove it, so their responsibility. And yes, they should have had a full structural survey done and negotiated a reduction in price. Now is too late. Ignore their letters.

From your recent response, I do believe the solicitor is almost telling you the buyer is wasting everyone's time (otherwise they'd still be acting for them wouldn't they?)

Batchy

If they will be recovering the cost, this will be in the form of a small claims court claim. They do not need a solicitor, you will if needed need to represent yourself. If he pursues this, you will need to make a case 'argument' for this, without or with a solicitor in tow.

Its hassle, and ignoring the letters will only make matters worse, IMO. especially if he gets a court date with an arbitrator. Who will decide, based on you not being there, ie at court.

I would seek free professional advice where you can get it, although most will say, seek advice of solicitor, best bet is a professional in the matter, ie, conveyancing, etc.

Good luck, some people are unreal, maybe he just needs a slap... lol

keith969

I think you should just ignore them, they are just trying it on as they are either just plain awkward, or stupid, or both.

I bought a house with a garage with an asbestos roof. It was obvious that it had an asbestos roof, but then that did not worry me. Several years later I knocked down the garage and got the council to remove the corrugated asbestos. Total cost £0.00.

Paying £1095+vat for it to be removed, hmm, definitely stupid.

Emmzi

you could always phone your old council and ask what their policy on removal is, and if it looks favourable, let him know?

Catblue

deannatrois wrote: »

From your recent response, I do believe the solicitor is almost telling you the buyer is wasting everyone's time (otherwise they'd still be acting for them wouldn't they?)

Sounds exactly right. Their previous solicitor obviously thinks that they haven't got a hope in hell so that's got to be good news.

A new solicitor is going to cost them £££s, so it seems unlikely that they'll hire a new one.

However, I do think that it was a mistake on your part to tell their previous solicitor that it is okay for the buyers to contact you directly. It won't cost them anything to contact you directly so they'll probably have a couple of tries at getting the money out of you. Ignore them.

Can you call the solicitor back and tell him/her not to forward your details to the buyers?

silvercar

I rang his solicitor, who advised that they were no longer acting for the buyer on this, or any other matter, and that the letters they had sent thus far were simply as a 'good will gesture' after he had raised the issue with them.

In other words, their solicitor things they haven't got a chance in hell.

new_home_owner_3

What a load of flanel i can not belive they are trying this on if i was you i would just ignore anything that comes to you if they want to waste their money let them you wont have to pay anything towards it.

As for the asbestos, anyone can remove it as long as it cement and not damaged, you can double bag it and take it to the tip, just because they have had to put their hands in their pockets there tying it on, and it sounds like they are trying it on with the solicitors aswell.

i would just wait until the court summons, which wont happen, it will cost them more money to take you to court than pay for it themselves, plus if they do take you to court they will have to pay your expenses, has they will cirtainly lose.

prudryden

Don't worry about going to court. I don't see how you can lose based on what you said about disclosure or, actually, not being asked to disclose. Might as well start the protocol now. Ask him to explain why he feels you have a responsibility in this matter. Then prepare your rebuttal.

lincroft1710

On the asbestos removal cost, £1095 doesn't seem excessive for dismantling and removing a garage wholly constructed of asbestos. There are very few "tips" which will now accept asbestos waste - the nearest one I found to me (40 miles away) charges per ton, but the minimum charge is in fact 2 tons.