By Barry Stone
Dear Barry,We live in a 50-year-old subdivision where all the homes have asbestos floor tiles under the carpets. Now that we're selling, our agent wants us to list these tiles on our disclosure statement. She says this kind of asbestos is not a health hazard and removal is not required, but that disclosure is still necessary. Frankly, this makes no sense. If the material is safe and can be legally left in place, why is it necessary to wave a red flag at buyers? - Jeanne
Dear Jeanne,
Disclosure of old 9-inch asbestos floor tiles does not equate with waving of a red flag. Rather, it is a matter of providing meaningful information about the property so that issues will not arise at a later time. Here are two examples:
A home buyer closes escrow and decides to install new carpeting. The carpet layer says, "Did you know these tiles contain asbestos? What do you mean the seller didn't disclose that to you? Hey, my brother-in-law is a lawyer. I'll give your his number."
Example #2 takes place a year later. The people who bought your home are doing a complete remodel, including ceramic tile flooring. All of the old asbestos tiles must then be removed to prepare the surface, and the bid for asbestos removal is over $5,000. Suddenly, the buyers are saying, "Let's call that carpet layer and get his brother-in-law's number."
The bottom line with 9-inch asbestos floor tiles isn't the health risk - it's the legal liability. Asbestos tiles are designated as nonfriable material. This means they cannot be crumbled with normal hand pressure and, therefore, do not release asbestos fibers into the air. However, in the process of eventual removal, they could become damaged in ways they would result in fiber release. For this reason, disclosure is essential to reduce the likelihood of future problems with regard to health, as well as liability. Your agent should be complemented for suggesting this disclosure.
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