Blythewood, SC asked in Real Estate Law for South Carolina

Q: Our Real Estate Agent didn't let the buyers know there was abestoes. What are our legal actions

The Real Estate Agent went into Agreement with My Sister who has power of Attorney for my mother, who has severe dementia. My Sister gave power of attorney to my Brother (who lived in the house) so he could sell the house. My brother signed the contract between the Real Estate Agent and himself (for my mother). My other Sister and I did not want this agent and wanted another one and have that in writing, but were denied. And with this contract, my other sister and myself were not allowed any decisions on the sell of my Mom's home. The house sold, and the new buyers are now trying to get $30,000 because they say they were never informed of Asbestoes in the home. From what I can gather, there was a 1st buyer that had the home inspected for asbestos, and dropped out because of this..so the Real Estate Lawyer knew this. If not paid the new buyers are threatening court actions.. What can I do against this Real Estate Agent

Related Topics:
1 Lawyer Answer
Gregory Andrews Cade
Gregory Andrews Cade
Answered

A: Disclosure of asbestos is mandatory, regardless of whether it poses a health hazard or not. While the presence of asbestos-containing materials is to be expected in the vast majority of old buildings, the seller is required by law to notify future owners with regard to the existence of such products on the property, as well as to reveal the exact location of asbestos in the house and to warn them against disturbing it. Nevertheless, since your brother is not directly responsible for failing to disclose asbestos to the current home owners, he cannot be held liable in this respect.

Considering the complexity of your situation, I highly advise you to discuss it with a lawyer who specializes in solving real estate disputes, as they are the best suited legal professionals to help you navigate the issue. A lawyer with relevant experience in this area of practice will certainly be able to provide you with well-informed, practical advice and also to assist you with sorting out the conflict involving the home owners.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.