Is a developer liable for asbestos abatement
Started by kdawgydwg99
over 9 years ago
Posts: 9
Member since: Feb 2012
Discussion about
An apartment I purchased turns out to have a 5x10 hallway with vinyl asbestos tiles that will need to be removed. I am guessing abatement costs in the city will run about $5K+ (event though vinyl tiles are extremely low risk and not friable). Since the condo was constructed in 1982, a friend suggested that the developer who built in 1982 should be liable for the abatement costs. Anyone know if this is true? The developer is still in business BTW. Also, any idea how long the abatement process will put me back on my overall renovation. Even though the actual abatement work should only take a few hours, I wonder about the permits etc. I am worried that could add a bunch of time to a project that is already dragging on and way over budge
Who did you buy it from?
I'm doubtful the developer remains on the hook unless you bought it directly from them, and even then you probably bought it 'as-is' and assumed these obligations unless there was some type of requirement that they disclose (and a failure to do so) or a requirement to abate.
You can also look at encapsulation options, basically seal it up and then build a new floor finish on top. Might be cheaper.
Check out the offering plan. At the beginning of an offering plan, there is a page entitled special risks.Then check the rest of it and look for a purchase contract.
My advice is to get rid of the tiles.
I am in the middle of doing an abatement. I was going to lay down a floating floor on top, but realized that it's in my building's board minutes so buyers may ask and the floor will be 100% solid if I get rid of the stuff underneath.
Since this is a well worn issue in my building, there is a preferred contractor and they seem to really have it down to a science. I've been told around 3 weeks is all it takes -- 10-12 calendar days from filing date for getting a start date from the DEP, a couple days for abatement (although in your case probably just one day), and then another 5 days to close out the permit.
Also be aware that if there is vinyl tile there is probably also asbestos mastic glue holding those down, and they might be under actual wood elements of your floor as well (like in my case). So if you are tearing the rest of the floor up as well you will need to have that checked too.
Why would anyone buy into a building with asbestos! A Superfund site!
I don't care how well my neighbor's contractor might clean up, it's in the air, the vents, and probably more neighbors have yet to deal with the issue. No way ever is this a good idea I can think of. What kind of discount do you get for a building letalone an apartment with asbestos?
http://www.habitatmag.com/Publication-Content/Building-Operations/2016/2016-January/Asbestos
NB: "The first thing every board needs to know is that asbestos is still ubiquitous in New York, particularly in insulation, floor tiles, and roofing in older buildings. "
Any particular neighborhoods have a higher propensity for asbestos?