house sale issue after completion

[cavvy]

hi

not sure if this is the correct place for this but will post up and see what happens

 

 

last year I sold my house but have recently received a letter from my solicitor

claiming asbestos has been found to the rear of the property and the buyer wants me to pay to remove it

 

when I moved into the house some ten years prior there was an area to the back of the house

next to the garage which was fenced off and I assumed belonged to the electricity

board who owned a substation next to said area.this area was full of rubbish

and could easily be accessed from the rear for more dumping to take place

it was only in later years I found out half the small area was actually my land but

as it was pretty much dead space I never bothered doing anything about it

 

during the course of the sale the buyer viewed the house multiple times

including bringing a builder and all through negotiations seemed to want

every last drop of blood from me!

 

I have had one letter which states the asbestos is within the garage structure even

though this was brick walls with wood/felt roof yet the quote provided only mentions

some asbestos to the side of the garage

 

my point is I do not see who can be shown to legally own the said material

and also that it could be moved from one side of the boundary to the other quite easily

 

also the conflicting info 're its location confuses me

 

one final point during the course of the sale it seemed as if the buyer

was planning to rent the garage out as a living space is this legal?

 

apologies if this is a bit confused but I would appreciate any help or advice

and any questions just ask

 

many thanks

[BankFodder]

I'd be surprised if you had any liability.

As long as you have been fully honest in responding to the enquiries there should be no problem.

 

Was there any specific enquiry about asbestos - and if so what was your response?

 

If the purchaser made a thorough examination of the property - then it seems to me that his action is against the expert he employed to carry out that inspection for carrying it out negligently. If he carried out the inspection himself or if he chose not to then that is choice and his responsibility.

[raydetinu]

If you responeded to allthe legal questions from purchasers solicitors honestly, then you should not have to worry, no liability on your part.

It would be up to the buyers surveyor to have identify anything that warranted any further investigation.

However they could still seek court action, and court would have last say,but doubt that it would come to that.

Is it white/blue asbestos or just asbestos cement panels, which does not need to be notified to HSE or specialist removal.

[cavvy]

hi

yes answered all questions honestly to the best of my knowledge

 

I did reply if it was in structure surveyor should have picked it up and as I mentioned buyer

viewed property several times so assumed he was aware

 

I believe the material is asbestos roof panels? not sure of the legalities 're those

 

I get the feeling he is getting his solicitor to send a couple of letters to try and scare us although

had an e mail from my solicitor saying would I agree to pay half as a compromise but felt this was

them wanting an easy life and not really interested in me!

 

any further thoughts most welcome

[raydetinu]

As said if Asbestos cement roofing, no big deal.

see below.

http://www.hse.gov.uk/pubns/guidance/a11.pdf

Dont agree to anything at this stage.

[cavvy]

my only other worry is you sign for vacant possession and could it be argued that as some material is on the land

belonging to property I should have cleared that area even though rubbish wasn't mine?

[assisted blonde]

Cant see it that they would expect the rubbish cleared I think vacant possession means really that no one is living there. You have done everything correctly so i really dont see that they have any call to ask you to foot the bill for removal of the asbestos, tbh if they want it moved they can pay for it or leave it where it is.