This fact was never disclosed to me by the realator, nor the previous owner, now I am stuck with a home that could kill me. I was told I could not put on new siding to upgrade my home without first having my home covered in a protective cover, and must pay disposal fee's and other fees just to remove this siding, as well as permits. What am I suppose to do?
For several reasons, I don't think you have recourse against either the Seller or Broker. Perhaps your insurance carrier would pay to have the work done.
Dear Endicott New York Home Owner:
Generally, a home owner does not need to do anything about the asbestos siding.
See: http://www.bergmanlegal.com/vinyl-siding-over-asbestos-siding/
and: http://www.todayshomeowner.com/dealing-with-asbestos-siding-removal-or-cover-over/
and: http://www.apartmenttherapy.com/should-i-buy-a-house-that-has-asbestos-siding-good-questions-188678
Moreover, no one but you are responsible for not knowing about the house you bought. This type of siding was typical of many homes, is open and notorious as is on the outside of the house, and looking at this siding, your inspector should have made a note in the report to you about the house condition. Back in 1998 it was not likely anyone would recommend removing the existing siding from the house.
I agree with my colleagues. You were responsible for obtaining a home inspection and, under New York law, the onus was on you, as the buyer, to satisfy yourself as to the condition of the property prior to purchasing and at closing. At this juncture, you should do whatever you feel necessary to protect yourself and your family from your concerns about the asbestos siding, including educating yourselves about its risks and contrasting that with the cost to remediate. Feel free to talk to an attorney, but I think you will find that you do not have a viable lawsuit for several reasons.
