What is the name of your state (only U.S. law)? Rhode Island
My fiance and I just bought our first house a few months ago. A newly (and poorly) renovated bungalow in Northern Providence. We've been slowly initiating our own renovations, particularly in the flooring area as there is a lot of new wall-to-wall carpet and we have three messy dogs that make that really impractical. Our stairs in particular have been a catch-all for pet hair and debris, so we decided to pull the carpet up. There was painted hardwood at the top of the stairs, but the first floor landing and the steps leading to our side door and basement are covered in a red speckled tile. We are 99.9% sure that this is asbestos. It's an old house, and our inspector identified a few non-dangerous asbestos products in the basement when we did a walk-through. The problem is that the tile on the landing in front of the basement and side door is in seriously rough shape. It has receded back from the basement door jamb as if rubbed away, revealing gray dusty cardboard like subflooring. The tile in front of the side door is eroded and actively crumbling. What's more, it is obvious that the seller's contractors stapled and nailed carpet directly into the tile going up the rest of the stairs.
Not realizing what it was immediately (we both tend to think of scary pink insulation when we hear asbestos), my fiance had cut up and removed the carpet over the damaged tile. We absolutely cannot afford an asbestos abatement right now, so we covered the damage with some particle board and cheap ceramic tile, but the floor is uneven and it's a very temporary fix. I know that RI does not require the seller to disclose asbestos unless it is an active hazard, but I don't see how he (or the people he hired to renovate) could be unaware of obviously damaged tile if they covered it with brand new carpet and then filled it with staples. This is a high traffic area, and just walking over the carpet made it rub and shift. We're going to have the tile tested, and when it comes back positive, do we have the right to demand he pay for the removal? This guy works with a non-profit renovating old houses, but he was extremely unpleasant to deal with during closing and I doubt he'll go quietly. We'd just like to know if we have a leg to stand on before we engage.
My fiance and I just bought our first house a few months ago. A newly (and poorly) renovated bungalow in Northern Providence. We've been slowly initiating our own renovations, particularly in the flooring area as there is a lot of new wall-to-wall carpet and we have three messy dogs that make that really impractical. Our stairs in particular have been a catch-all for pet hair and debris, so we decided to pull the carpet up. There was painted hardwood at the top of the stairs, but the first floor landing and the steps leading to our side door and basement are covered in a red speckled tile. We are 99.9% sure that this is asbestos. It's an old house, and our inspector identified a few non-dangerous asbestos products in the basement when we did a walk-through. The problem is that the tile on the landing in front of the basement and side door is in seriously rough shape. It has receded back from the basement door jamb as if rubbed away, revealing gray dusty cardboard like subflooring. The tile in front of the side door is eroded and actively crumbling. What's more, it is obvious that the seller's contractors stapled and nailed carpet directly into the tile going up the rest of the stairs.
Not realizing what it was immediately (we both tend to think of scary pink insulation when we hear asbestos), my fiance had cut up and removed the carpet over the damaged tile. We absolutely cannot afford an asbestos abatement right now, so we covered the damage with some particle board and cheap ceramic tile, but the floor is uneven and it's a very temporary fix. I know that RI does not require the seller to disclose asbestos unless it is an active hazard, but I don't see how he (or the people he hired to renovate) could be unaware of obviously damaged tile if they covered it with brand new carpet and then filled it with staples. This is a high traffic area, and just walking over the carpet made it rub and shift. We're going to have the tile tested, and when it comes back positive, do we have the right to demand he pay for the removal? This guy works with a non-profit renovating old houses, but he was extremely unpleasant to deal with during closing and I doubt he'll go quietly. We'd just like to know if we have a leg to stand on before we engage.