A recent survey commissioned by AsbestosClaims.law found that many homeowners don’t realize the asbestos risk in their properties. This lack of awareness has led many potential buyers to back out of home purchases. According to the report, “More than 1 in 3 potential buyers reported backing out of a home purchase due to asbestos concerns,” showing that consumer caution is growing. Still, most states have not put in place mandatory asbestos inspections during real estate sales.

Asbestos in Older Homes & the Policy Gap

Homes built before 1980, especially those built before 1978, often contain asbestos materials[1] like insulation, ceiling tiles, siding, floor tiles, and ductwork. Despite this, state laws around asbestos disclosure and testing before sales are inconsistent or completely lacking. While lead paint disclosures are commonly required, asbestos testing or disclosure rules rarely exist. This leaves buyers in the dark and sellers without clear obligations regarding testing and abatement.

Asbestos exposure is linked to serious diseases such as mesothelioma, lung cancer, and asbestosis[2], even at low exposure levels. Courts have ruled that property owners may be responsible for warning tenants, workers, and buyers about known or reasonably suspected asbestos risks. This duty to warn extends beyond direct knowledge. Even when owners claim ignorance, they can still be held liable if they “should have known” based on the age or condition of the property.

Sweeping the Asbestos Dust Under the Rug?

In legal terms, failure to disclose known hazards can constitute negligence or fraud, particularly when it results in exposure-related harm. Several lawsuits have set precedents in which landlords were found liable for tenant illnesses due to asbestos in ceiling tiles, ductwork, or old insulation that had never been inspected or maintained.

For sellers, the stakes are just as high. If a buyer discovers asbestos after closing, especially if symptoms of exposure emerge, litigation can follow. These claims can include not only the cost of asbestos removal and repair but also damages for health monitoring, emotional distress, or long-term medical expenses. In some states, sellers can be forced to rescind sales entirely or cover significant portions of abatement work. Homeowners who attempt DIY renovations without testing also expose themselves to risk, as disturbing asbestos during remodeling can contaminate living areas and lead to long-term health consequences for families, guests, or contractors.

The Duty to Inspect Can Apply to Asbestos

This risk is especially high for landlords and homeowners who fail to address asbestos before selling or renting. In multi-unit properties, repeated exposure incidents can multiply liability, particularly if one tenant’s complaint reveals widespread contamination. The cost of professional remediation, often tens of thousands of dollars, can pale in comparison to legal fees, settlement payouts, and loss of market value. And once a property becomes known for having asbestos issues, future buyers may avoid it entirely, further reducing its appeal and resale potential. Being proactive about asbestos testing is an essential part of risk management for anyone involved in real estate.

Increased Danger After Wildfires & Disasters

Wildfires and other disasters can worsen asbestos risks. In wildfire-prone areas[3] like California, burning older homes may release asbestos fibers into the air, contaminating soil and neighborhoods. Homeowners insurance often does not cover asbestos cleanup or medical monitoring after such events, increasing financial risks for property owners. These insurance gaps and the serious long-term health dangers from post-fire asbestos exposure.

Risks of Improper Testing & Removal

Even when homeowners or contractors choose to test or remove asbestos voluntarily, the process can be risky and, in some cases, more dangerous than leaving the material undisturbed. Asbestos-containing materials, when intact and in good condition, are generally considered to be low risk. However, once disturbed, by drilling, cutting, sanding, or demolition, they can release microscopic fibers into the air that are easily inhaled and extremely difficult to eliminate from indoor spaces. These fibers can linger in dust for months and accumulate in HVAC systems, posing an ongoing risk to anyone in the home.

Removing Asbestos without Proper Techniques and Equipment? Bad Idea.

DIY renovations are particularly problematic. Many homeowners, unaware that materials in older homes contain asbestos, begin remodeling projects without proper safety gear, containment procedures, or ventilation controls. Common renovation tasks like pulling up old linoleum flooring, scraping popcorn ceilings, or replacing insulation can trigger widespread fiber release. Even minor projects, like removing an old heater or cutting into drywall, can unintentionally expose families to dangerous levels of airborne asbestos.

Improper removal by unlicensed or inexperienced contractors is another concern. Some offer low-cost asbestos removal without proper certification, skipping critical steps like negative air pressure containment or HEPA vacuum use. These shortcuts not only violate state and federal regulations but can also turn a controlled project into a widespread contamination event, making cleanup far more costly.

Improper Asbestos Removal is Far Too Common

In one case, a homeowner unknowingly hired an uncertified crew to remove asbestos insulation from an attic, only to discover later that fibers had spread throughout the home’s living spaces. The family had to vacate, and the remediation bill exceeded $50,000, none of which was covered by their homeowner’s insurance.

In another example, workers at a New York tunnel site were exposed to asbestos because the contractor assumed the materials had been removed years earlier. That mistake led to project delays, unanticipated health screenings, and widespread concern. While this was a public site, the lessons learned apply to residential homes as well.

Given these risks, both homeowners and real estate investors are strongly encouraged to hire licensed asbestos abatement professionals for any testing or removal work. Proper containment, air monitoring, and disposal procedures are essential, not just for compliance, but for safety.

Ethical Challenges for Real Estate Professionals

Real estate agents, inspectors, and contractors face ethical dilemmas when it comes to asbestos. While federal law requires disclosure of known asbestos hazards, there’s no mandate to test before selling a property, leaving many hazards undetected and unreported. Most homeowners have never considered testing for asbestos and don’t realize it may be necessary before renovations, especially in older homes.

What You Don’t Know Can Hurt You

This lack of awareness is becoming a growing liability, as today’s buyers are more informed and increasingly wary of hidden risks. Many expect sellers to provide proof of testing and cover the cost of remediation if asbestos is found, but current laws don’t always support those expectations. Instead, disclosure requirements vary by state and often amount to little more than generic statements.

Renters, meanwhile, are frequently left without any protections at all. In many areas, asbestos inspections in rental properties are only solicited during major renovations, despite the fact that older buildings may contain friable materials that can be disturbed by leaks, maintenance, or even natural disasters, leaving them at risk of being exposed.

The Need for Stronger Regulations

More education alone won’t solve the growing problem of hidden asbestos in older homes. While public awareness is improving, it’s not enough to address the health risks, legal exposure, and market confusion surrounding outdated building materials.

States now have a clear opportunity to align real estate laws with decades of scientific consensus and consumer expectations by requiring asbestos testing during the sale of residential properties, especially those built before the 1980s, when asbestos use was still widespread. Standardized testing and mandatory disclosure would help ensure that buyers, sellers, landlords, and tenants are all working with accurate information, rather than guesswork or outdated assumptions.

Just as lead paint and radon laws have brought consistency and safety to property transactions, asbestos regulation could provide similar protections. Clear policies would reduce liability, prevent accidental exposure, and promote responsible renovation and property upkeep. In a housing market shaped by both aging infrastructure and growing environmental concerns, updating asbestos policies is not just practical, these policies are long overdue.

[1] Curado, António & Nunes, Leonel & Carvalho, Arlete & Abrantes, João & Lima, Eduarda & Tomé, Mário. (2024). The Use of Asbestos and Its Consequences: An Assessment of Environmental Impacts and Public Health Risks. Fibers. 12. 102. DOI: 10.3390/fib12120102.

[2] Kamp D. W. (2009). Asbestos-induced lung diseases: an update. Translational research: the journal of laboratory and clinical medicine, 153(4), 143–152. https://doi.org/10.1016/j.trsl.2009.01.004.[3] Journal, I. R. J. E. T. (2021). IRJET- Research and Evaluation Concepts in Support of Asbestos Detection During Wildfire Operations -A Review. IRJET. Retrieved from https://www.academia.edu/51051859/IRJET_Research_and_Evaluation_Concepts_in_Support_of_Asbestos_Detection_During_Wildfire_Operations_A_Review.