Question

An agent has completed an inspection of a property she is selling and notes asbestos in the basement. She provides the buyer with the booklet entitled "Environmental Hazards: A Guide for Homeowners, Buyers, Landlords, and Tenants" and never mentions the asbestos specifically. Which of the following is true?

Option 1: The agent has fulfilled her legal obligation by providing the booklet.
Option 2: The agent must inform the buyer about the asbestos verbally.
Option 3: The agent should inform the landlord about the asbestos.
Option 4: The agent is not responsible for asbestos disclosure.

Answer 1

An agent must specifically disclose the presence of asbestos in a property to the buyer, and simply providing a 1) generic environmental hazards booklet does not meet this legal obligation.

Step-by-step explanation:

An agent who discovers asbestos in a property being sold has a duty to disclose this information to the potential buyer. While providing a booklet that covers various environmental hazards may be helpful, it does not fulfill the legal obligation if it does not mention the asbestos found in the property specifically.

The agent is required to inform the buyer of the existence of asbestos, given the serious health risks associated with exposure, such as lung cancer, mesothelioma, and asbestosis.

Therefore, the correct option is that the agent must provide specific information about the asbestos to the buyer, which typically should be done in writing to provide a record of the disclosure.

Simply providing a general environmental hazards booklet does not suffice, especially when the agent is aware of such a significant and specific issue. If the agent only provides the booklet and does not mention the asbestos specifically, she has not fulfilled her legal obligation of disclosure.