Asbestos garage roof

Jo_Fish

Please help....we sold our house over a year ago to a couple who have recently sent us a solicitor letter to ask for money so they can take off the exsisitng garage roof and replace with a new one. At the time of negotiation they did ask if the roof was made of asbestos and if so wanted it changing before they would be willing to exchange. My husband put the roof on 13 years previously and to our knowledge wAs not asbestos but conctrete sheets. The year we put the roof on was 2003 in which absestos was illegal to sell so we were quite sure it was ok.
The couple did not do a survey before completion on the roof and took our word for it and we exchNged contracts. Since they have done a survey and it does have white asbestos in it. We have been to the suppliers we bought it from and they have pretty much told us there is nothing they can do, being so long ago. We have no receipt either....who does after 13 years. It has now gone to the solicitors and they want the roof to be removed and replaced...in excess of £1800.... we don't have that kind of money and iam not sure if we are in the wrong.

What do you think....it's really stressing us out. We have always been upfront and trueful genuinely did not think it has asbestos in it....why would we put on an asbestos roof after taking one off!?
Any advice?

Thanks Jo:sad:

happytails

Im pretty sure its not your problem. They should've looked into it before exchanging.

glasgowdan

I'm surprised a solicitor took them seriously. I don't think there's any realm in which they could force you to pay.

Jo_Fish

Iam afraid if we dig in our heels they will take us to court. Our solicitor is rubbish and just said what Are we prepared to do to make this go away!

keith969

They should have had it tested when they were buying it if it was a concern; they didn't and should remember 'caveat emptor'.

They'd have to prove that you deliberately lied when you sold it, which in the absence of firm evidence would be hard to prove. I'd just ignore them.

Thrugelmir

Jo_Fish wrote: »

Iam afraid if we dig in our heels they will take us to court. Our solicitor is rubbish and just said what Are we prepared to do to make this go away!

What your solicitor is saying. Is if this does indeed go to court. Then you might have a sizable legal bill. Even though you win the case.

Likewise for the other party to pursue the matter. Then they are going to have to cough up as well. Hopefully this will act as a deterrent.

Solicitor only has your word to go on. Therefore has to be in essence neutral in giving advice. Your decision.

Personally I would ignore the threats. Buyer beware.

Doozergirl

Even with asbestos in it, there is no need to replace a roof that is so new. It will be perfectly good left in situ. The problem is loose fibres, not those sealed in concrete.

I would ignore them. If court papers come, then think about it then, but asbestos was banned in 1999, so it was absolutely reasonable for you as a consumer to assume that it contained none. They'd find it difficult to prove that you knowingly misled them.

A solicitor offering to send one letter is commonplace to see if people bite and conveyancers often do it for nothing. A second is not when a letter costs £189 plus VAT. I'd hold tight.

G_M

My husband put the roof on 13 years previously and to our knowledge wAs not asbestos but conctrete sheets

He did the work himself? Concrete sheets often did have asbestos in, but should not have if it was post the date when it became illegal.

Why did they have a survey done after a year, and why do they want to change the roof? If they leave it as it is there is no danger.

We have been to the suppliers we bought it from and they have pretty much told us there is nothing they can do,

well they would say that. They don't want liability! But if they sold an illegal material, the passage of time is irrlevant. The difficulty is proving they sold it to you without a receipt.

At the time of negotiation they did ask if the roof was made of asbestos and if so wanted it changing before they would be willing to exchange......and took our word for it

Was this verbal or in writing? What were the exact words you used to them?
If you made a catagorical statement, in writing, there may be liability.

Jo_Fish

Thank you for your reply...we did reply to the buyers in an email and state the new roofing sheets were asbestos free as we thought from the company we bought them from....so it was in writing, but we truly believed they were.....

G_M

Jo_Fish wrote: »

Thank you for your reply...we did reply to the buyers in an email and state the new roofing sheets were asbestos free as we thought from the company we bought them from....so it was in writing, but we truly believed they were.....

What were the exact words you used to them?

AnotherJoe

Dear Mr & Mrs Trying it On.

As a layperson, it was my genuine understanding that the roof did not contain asbestos since it had been illegal to sell it for years previously, so the concrete sheets i bought should not have contained it. Thus my answer that it did not contain asbestos was made in good faith, but not as an expert on the matter. Your solicitor should have advised you of this.

As I am not an expert on these matters you should have taken that into account if it was important to you. It was your option at the time to pay for an appropriate specialist, which you did not.

Should you wish to take this court I will ask why if it was so important you did not employ a specialist or have the roof tested at low cost, but instead relied on a laypersons word made in good faith.

I consider this the end of the matter.

Yours
Mrs Fish