Expert: Dick Dennis - 7/18/2006

Question
Thanks for you answer. When the listing agent did an open house, a neighbor who has extensive experience in managing commercial properties warned her that the size of the tiles has asbestos traces on it. I have a written statement notarized from the neighbor. I did my research and accdg. to CA civil code 2079, her obligation as a listing agent to discover and to disclose this is totally seperate from the buyer's obligation to provide TDS w/c is exempted from probate sales. And since the listing agent is the seller's wife, she must at least know the history of the house. What do you think?
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Followup To

Question -
We bought a house under probate sale. In the sales contract, it stated "as is without contigiencies". After escrow closed, we received a notice from AQMD that the house needed to be inspected for Asbestos content. Sure enough, house has asbestos. Later, I found out that the agent was warned that the tiles and roofing in the house may contain asbestos. This was never disclosed to us nor were we warned that the house might have asbestos content. Is the agent liable for anything? Can we go after the listing agent to pay for the abatement at least?

Answer -
Most probates are sold that way, "as-is with no contingencies" but they should at least have given you the right to hire a home inspector to make sure you really want the house. If the Realtor knew about the asbestos (you're going to have to prove that he/she did), then go ahead and hire a REAL ESTATE attorney. There are certain things Realtors should know in the course of selling a house through probates. One of them is to advise you to hire a home inspector. However, if he says he did advise you to hire a home inspector, then you may have problems suing him.

One other thing. If in the course of writing up the offer he advised that the house may need some repairs and you are buying the property as-is, then you have no recourse because you can't have it both ways. Buying it as-is someone should have advised you of any work that needs to be done. If you took that risk without someone to inspect that property for you, well then . . .

I do wish you well.

Dick Dennis

Answer
Your agent should have found out for you and told you. If you had no agent then the listing agent should have given you something to the effect that "this property may have problems with it and the buyer is totally responsible to get their own professional inspector."

Then check with a local real estate attorney to make sure you are doing it right. Pay his/her fee and you will save money in the long run.

I do wish you well.

Dick Dennis          dixiedee13@aol.com