Asbestos Disclosure Requirements in Maryland

Get Legal Help Today

 Secured with SHA-256 Encryption

Asbestos Disclosure Requirements in Maryland

My wife and I own a home in Crofton, Maryland. We always knew that the house had asbestos tiling. We have recently become aware through testing that the house has non-friable asbestos in the drywall joint compound.

My wife and I are planning to sell the house. When we bought the house, it was sold to us with a disclaimer did not disclose any details about the house. They did not provide any details about the asbestos, but our inspection noted the suspect tile.

Are we able to list the property for sale with the same disclaimer? And is the asbestos considered a ‘latent defect’? If disclosure is required, how much detail must be provided?

Asked on January 19, 2017 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The non-friable asbestos in the drywall is certainly a latent defect--it is not readily discrenable by a buyer or his/her inspector. The tile may also be a latent defect (at least arguably is), since it's not always readily apparent that tile is asbestos is not. This being the case, you are legally obligated to disclose it, since you are evidentaly aware of a latent and potentially latent defect. If you fail to disclose and the buyer later becomes aware, they could potentially sue you for the cost to remove/remediate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption