Survey Findings

theFlash

A survey has found asbestos in several areas within a property we are buying. This includes both white and brown asbestos.

We are yet to inform the sellers/estate agents, who are pushing unrealistic timescales for exchange of contracts.

If/when we tell them the property has asbestos within it, are they duty bound to tell other potential buyers, and how detailed do we have to be in telling them.

hazyjo

A very large percentage of homes in the UK contain asbestos. Only usually a problem if disturbed. Are you saying you're pulling out of the purchase because of it?


It would be unusual for a survey to say it's there. It usually says 'may contain...'. Did it advise getting it tested?


As far as I am aware, they are not duty bound to inform other buyers. Not in this case. Subsidence, yes. But I can't see how asbestos would put most people off and it certainly wouldn't devalue the property.

theFlash

The asbestos has been tested and white and brown asbestos is present. The brown asbestos is enough that certified removal would be required.


The property is of a type that would need quite a bit of renovation due its age/state, so its not something that could be covered up and lived with.


We're not sure how common this level of it is - the company that tested suggested it was a bit more than they anticipated.


We're not saying we're pulling out of the property - we're gathering opinion on it at the moment. I was under the impression the estate agents had to inform potential buyers (admittedly this is formed from online articles mainly - see https://www.nationalhomebuyers.co.uk/can-sell-house-asbestos-uk/ "Since the repeal of the Property Misdescriptions Act in 2013, all sellers are obliged to disclose the presence of asbestos during a sale.")

G_M

1) you need to make a decision: are you going to proceed & if so on what terms (eg reduced price?), or pull out.


2) if pulling out, just say 'because of the asbestos'.


3) if asking to reduce price, you need to give full details, including copy of the asbestos report- otherwise the sellers might conclude you are just making things up to get the price reduced.

theFlash

Thanks
1) We are likely to proceed, but just getting some advice as we are not asbestos experts.
2) Not too worried about the reasons for pulling out, if we did, but I would let them know most certainly
3) I'm not sure I'd be willing to hand over our rather expensive survey, partly because the sellers could use that to help advise other buyers. I would perhaps ask the surveying company to write a summary letter though.

G_M

theFlash wrote: »

3) I'm not sure I'd be willing to hand over our rather expensive survey, partly because the sellers could use that to help advise other buyers. I would perhaps ask the surveying company to write a summary letter though.

I doubt they'd do that if the report is as negative as you have suggested!

Davesnave

theFlash wrote: »

. I was under the impression the estate agents had to inform potential buyers..... "Since the repeal of the Property Misdescriptions Act in 2013, all sellers are obliged to disclose the presence of asbestos during a sale.")

The weakness of your position is that both seller and EA could say "I didn't know of any asbestos," What's more, they could be telling the truth.

Gather your info, make a decision and reduce your offer if you like, but don't expect to punish anyone.

theFlash

Sorry you've got the wrong impression of what I'm saying. I want to demonstrate that they are in a better position to wait for us than to pull out especially as they may now need to inform others of our findings.


We're at least still not pulling out as buyers. But we would like a few days to review the implications of what we have found.

Davesnave

theFlash wrote: »

Sorry you've got the wrong impression of what I'm saying. I want to demonstrate that they are in a better position to wait for us than to pull out especially as they may now need to inform others of our findings.

We're at least still not pulling out as buyers. But we would like a few days to review the implications of what we have found.

Have the vendors threatened to pull out and sell to someone else?

If you explain clearly to them that you need a given time to decide what to do, they ought to appreciate that you've shown commitment by having two different surveys and that anyone else, starting from scratch, will possibly go through the same procedures. However,they'll want a a deadline for a decision on your part, and it shouldn't be longer than the time it takes to get a few quotes for removal.

Personally, I think the implied threat regarding disclosure to other interested parties will go down like a lead balloon. It will break any trust you have.

It's a simple matter: there's something that's a problem for you with the house. You get quotes for rectification, maybe adjust your offer and they either accept, negotiate further, or try to sell to someone else. It's not your place to interfere later if they decline to sell to you.

Chandler85

If the Asbestos hasn't made you want to pull out yet because you want to consider your options then tell the seller something similar.


Why not say that there is a enough brown asbestos within the building that licensed removal is required, we want to get a few quotes for this so we know the cost implications of it. Once you know that you will come back to them. They'll see you are still looking to proceed if things can all be rectified.


Once you have the costs to sort it out, go back to the seller if appropiate and ask for a price reduction if thats what you think needs to happen. A specialist company might say I wouldn't worry about it, it will take 2 days and cost £xxxx, you might think well it's part of the renovation we are going to do, so we'll proceed if we can get half, all or even none of the cost back. If you are expecting a full renovation and the house is priced accordingly then they might say yes, they might say no.


If they ask for evidence, and you refuse to provide your quotes and "your expensive" report, or atleats part of it, then you are asking them to trust that you (who isn't a specialist, but does have a report you won't share). They are unlikely to, as it just looks a bit iffy.


Essentially threatening them with the report to enforce them to tell others about Asbestos, well if you won't share the report then they still won't have to tell them because they still don't know for sure. So where's the benefit?

theFlash

Thanks. I wasn't going to threaten to disclose to anyone beyond the EA. I was just trying to find out if the implications of telling the EA of our broad findings would mean that they were better off letting our process run its course as it would mean having to disclose to others.


I also think that just informing them broadly of the find will also go down like a lead balloon.


I'm trying to get across that we're still in the game despite our findings, so back off a little. However, another point of view is that they are turning up the pressure because they have got wind of our findings...