Asbestos ceiling was not disclosed
Q: The house we’re buying was built in 1974. Our home inspector did a thorough job, but he missed one thing. He never mentioned possible asbestos in the textured ceilings. Shouldn’t he have said something about this?
A: Environmental hazards, including asbestos, are outside the scope of a home inspection and are specifically excluded in the standards of practice for the industry. There are two reasons for this exclusion: 1) Asbestos-containing materials cannot be verified without submitting material samples to a certified test laboratory; and 2) Disclosing potential asbestos in one material, without mentioning every other possible asbestos product, exposes home inspectors to legal liability.
We live in an increasingly litigious society. Avoiding lawsuits has become an everyday part of doing business, especially for home inspectors. If an inspector mentions possible asbestos in a popcorn ceiling, why not mention the possibility in floor tiles, plaster, drywall mud, roofing, duct insulation, and so on?
Well, here’s the answer: Popcorn ceilings have become commonly recognized as a potential asbestos-containing material. Published articles in magazines, newspapers, and trade journals have been so numerous that it is difficult for home inspectors, and even real estate agents, to justify lack of comment in the course of a real estate transaction.
When home inspectors and Realtors say nothing about possible asbestos in ceiling texture, legal liability is actually increased. If the buyers remove the ceiling texture as part of a remodel or renovation project and later learn that the material contained asbestos, the result could be a major lawsuit. The fact that asbestos disclosure is not required would be a useful talking point on the witness stand, but it would not reduce the cost of hiring an attorney for legal defense.
The best advice to home inspectors is to state that they are not qualified to perform an asbestos inspection but that acoustic ceiling texture is widely recognized as a potential source of asbestos. This disclosure could be followed with a general recommendation for further evaluation by a qualified environmental inspector. In so doing, the inspector could stay within the scope of the inspection, while providing valuable information to homebuyers.
Q: We purchased our house four years ago and our home inspector reported no plumbing problems. Now that we’re selling the property, the buyers’ inspector disclosed polybutylene pipe, and the buyers are demanding that we replace it. Shouldn’t our home inspector have told us about this?
A: Home inspectors should definitely report polybutylene pipe, and for two good reasons. First, because disclosing the type of pipe in a building is part of the standards of practice for the profession. Second, because polybutylene pipe is prone to leakage, and that kind of information is why people hire a home inspector.
Failure to disclose polybutylene pipe is an example of professional negligence unless the material is concealed within the construction. If the buyer’s inspector discovered it, it should have been seen by your inspector as well.
After four years, your inspector may no longer be liable, but you can still ask that he accept some responsibility for your situation.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.