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Should solicitor check for asbestos?

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Comments

  • Q Does my house contain asbestos.


    A If it was around prion to 2000, it probably does.


    Q What could my solicitor do about this.


    A He is not a building surveyor.


    A Only if a Building Surveyor could do so if they was asked to do so!
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 28 May 2019 at 12:11PM
    M_Python wrote: »
    Posters have explained why it's not the solicitor's job to check for asbestos but the OP is having none of it hence some further replies have had to be a bit more 'forceful' in getting the point across ..... nothing wrong with that!
    Also, the poster framed their original question in terms of imagined lost value, rather than potential health issues, so this automatically took us on a subtly different path....and we all know where that might lead!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Exodi wrote: »
    You/your lender/both conduct a survey to physically inspect the property.
    The seller instructs the survey which forms part of the Home Report (and which the buyer and their lender can rely on). Buyers/lenders may instruct additional surveys (though tend not to).
  • Exodi
    Exodi Posts: 4,213 Forumite
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    davidmcn wrote: »
    The seller instructs the survey which forms part of the Home Report (and which the buyer and their lender can rely on). Buyers/lenders may instruct additional surveys (though tend not to).

    Seems the Scottish process does differ somewhat. Would this not cause additional issues if the survey was 'incorrect'? The buyer would then attempt to seek recourse through the sellers surveyor of whom they hold no contract with.

    That said, as a current buyer, I'd prefer Scotland's process :rotfl:
    Know what you don't
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Exodi wrote: »
    The buyer would then attempt to seek recourse through the sellers surveyor of whom they hold no contract with.
    Like I said, they are entitled to rely on the seller's survey, so the fact they didn't instruct it isn't a problem. It's not uncommon for surveyors (or other professionals) to permit their reports to be relied upon by other parties in the future (e.g. in commercial properties, lenders, tenants, or future buyers will often want to rely on them).
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    edited 28 May 2019 at 2:49PM
    Exodi wrote: »
    Exactly the confusion I reference! It seems the OP is mixing together the property information form and the survey.
    Not only that, the PIF which i think is what is called the sellers survey asks (if the example i quoted was typical) "are you aware (my emphasis) of any asbestos?" which as i said before is not the same as asking "is there any asbestos". However the OP appears to have misread the answer "no" to the former as having the same meaning as no to the latter.


    My house was build in the 1980's and has artex ceilings.
    Odds are a near certainty theres asbestos in it.
    Am I aware there's asbestos in it? Nope.
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