Q: I purchased a house about 6 months ago. The sellers listed on condition report, no asbestos.
It was determined after closing there is a significant* amount of vermiculite which is generally considered asbestos under Wis. Admin. Code Chapter DHS 159.04(41) . [Until it is tested per EPA guidelines.] Some of the vermiculite is visible in some of the upstairs crawlspaces, even without checking the upper attic.
*Was determined to be in exterior walls, as well in the second story floor (literal), and an upper attic that is not generally accessible except it was discovered when I was trying to check on the insulation due to the upstairs being cold.
Do I have a case against former owners for removal / repair costs?
A:
While the law requires the seller to disclose the presence of asbestos on the property to prospective buyers, taking legal action will most likely be a futile endeavor, since you will have to prove that they were aware of the existence of the carcinogen in the house. They might have not known vermiculite insulation contains asbestos. Accordingly, home sellers have to inform potential buyers in this respect only if they are aware there is asbestos in the building. Otherwise, they cannot be held liable if they fail to disclose it.
Filing a personal injury lawsuit against the former homeowner will not benefit you either. If the asbestos in your house has not caused you any injury yet, recovering financial compensation in a personal injury case is impossible. Nevertheless, a personal injury case is out of the question at the moment, since asbestos exposure results in a disease only within 10 to 50 years from the first contact with airborne mineral fibers.
Therefore, I advise you to have a professional asbestos removal company take care of the vermiculite as soon as possible, as it is a friable product which poses a great threat to your health. They will safely dispose of it and ensure your house is asbestos-free. In the meantime, try to avoid the area where the vermiculite is and if you need to be there, wear a dust mask to prevent toxic fibers from entering your lungs.
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.
