Q: Is there legal action I can take if I received and FHA loan to buy a house and the roof turned out to be asbestos?
A: Many older roofing materials were made using asbestos. They are not a problem if in good condition. Did you have a home inspection when you bought the home? Was the roof inspected? Did the seller say the roof was not-asbestos? Unless the roof was misrepresented to you, then the loan being FHA gives you no special claim. Consult a local attorney to review the facts of your situation and advise if you have any claim.
A:
While the law requires house sellers in the U.S. to disclose the presence of asbestos on the property to potential buyers, they cannot be held responsible if they were not aware of the issue. Therefore, it is essentially a matter of proving whether the seller had known about the existence of asbestos in the roof before you signed the house purchase documents. It is important to know that you cannot take legal action in regard to asbestos exposure unless it results in a serious disease like mesothelioma or lung cancer, which may take between 10 and 50 years in the event that you become ill.
Finding out whether the seller had been aware of asbestos on the property, however, is a very challenging endeavor. If you still intend to take legal action, you should consult with a real estate lawyer who will be able to provide you with more specific information and useful advice for your situation.
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