In most parts of the country, from California to Texas and Rhode Island, real estate agents have a legal duty to notify prospective buyers if a property is contaminated by asbestos or another hazardous substance. <\/p>\n\n\n\n
Real estate agents can\u2019t be held liable for asbestos-related contamination if they didn\u2019t know about it, but intentionally withholding information\u2014even information that may not seem important at the time of sale\u2014could come at a very high and unexpected cost. <\/p>\n\n\n\n
Every home has its own story, whether it\u2019s a brand-new build or a centuries-old farmhouse. <\/p>\n\n\n\n
Today, even with rising costs and tight competition, the real estate market is more diverse than at any other point in living memory. According to a report issued by Redfin<\/a>, the average homebuyer will tour anywhere between 8 and 10 properties before making an offer. <\/p>\n\n\n\n Furthermore, in recent years, homebuyers seem increasingly inclined toward older homes. <\/p>\n\n\n\n In 2024, for instance, the median construction date of purchased residential properties fell well within the 1980s. Older homes are attractive for a number of reasons: aside from affordability, they\u2019re often the best available options for buyers in oversaturated markets, particularly along the East Coast and in certain corners of the Upper Midwest. <\/p>\n\n\n\n However, attractive as they may sometimes be, ageing properties can have problems beyond flaking paint and other easily amenable issues. <\/p>\n\n\n\n In the not-so-distant past, when building codes and safety regulations weren\u2019t as rigid as they are today, all sorts of structural elements were built with and reinforced by substances that can take a profound toll on occupants\u2019 physical health and overall well-being. <\/p>\n\n\n\n Lead-based paint is a good example of a once-common toxin that has not only been phased out of use but is now subject to intense regulation<\/a> at the federal, state, and local level. But it is far from being the only toxin that could present issues for homebuyers, sellers, and real estate agents.<\/p>\n\n\n\n Aside from lead, asbestos is another common toxin<\/a> that can be found in at least 30 million homes throughout the United States. <\/p>\n\n\n\n A naturally occurring mineral, asbestos is strong, fireproof, and relatively expensive. This combination of traits made its use practical for the homebuilders of yesteryear, who could save big money on construction costs while marketing for-sale properties as far more durable and affordable than their asbestos-free counterparts. <\/p>\n\n\n\n We know now that asbestos, for all its many applications, is anything but safe: it is closely associated with a wide range of dangerous respiratory illnesses, up to and including malignant mesothelioma, a particularly aggressive type of cancer with a low 5-year survival rate. <\/p>\n\n\n\n Health regulators have long said it\u2019s safe to assume that any home, school, or office built during or before the 1980s contains asbestos<\/a>. And, in our own survey<\/a> of adults and prospective homeowners, AsbestosClaims.law found that asbestos is often a big sticking point for buyers.<\/p>\n\n\n\n Of the homebuyers AsbestosClaims.law surveyed, we found that: <\/p>\n\n\n\n In total, about 70% of all respondents said that the mere presence of asbestos in a home is reason enough to second-guess an offer<\/a>. This isn\u2019t the only potential problem for real estate agents and sellers, either. Aside from buyers\u2019 all-around skepticism of asbestos-contaminated properties, many homeowners simply don\u2019t understand that omitting information about asbestos from their seller\u2019s disclosure could pave the way for civil action and, potentially, high-cost litigation. <\/p>\n\n\n\n Real estate agents are held to a higher standard than homeowners when it comes to disclosures.<\/p>\n\n\n\n Homeowners, for instance, are typically required to inform buyers of any hazards present on the premises. Rules vary from one jurisdiction to another, but the kinds of disclosures required by law are usually broad and designed to cover any potential threats to the building\u2019s integrity or the occupants\u2019 physical safety. <\/p>\n\n\n\n Under Tex. Prop. Code \u00a7 5.008(e)<\/a>, disclosures have to include information on: <\/p>\n\n\n\n Seller\u2019s disclosures are usually mandated irrespective of whether or not a seller is being represented by a licensed real estate agent. However, in Texas and in other states, real estate agents tend to be bound by comparatively stringent statutes. <\/p>\n\n\n\n In Virginia, for instance, an unrepresented seller has every right to sell a property as-is, without making any representations of or about its physical condition. But real estate agents must always disclose any material and adverse information they\u2019ve received or should have uncovered in the performance of their ordinary duties. <\/p>\n\n\n\n In fact, this elevated standard for licensees is a matter of law. Under Virginia Code \u00a7 54.1-2131<\/a> licensees must: <\/p>\n\n\n\n These types of rules are not unique to any one state and can be found, with varying language and caveats, in almost every state in the country. Critically, they also provide harsh penalties for real estate agents who fail to do their due diligence. In some cases, agents can lose their licenses if they conceal information; in others, a homeowner who is later injured by an asbestos-containing product or other defective building condition could be entitled to file a lawsuit<\/a>, even if years have passed<\/a> since an offer was made and the transaction completed.<\/p>\n","protected":false},"featured_media":17059,"template":"","blogtag":[31,66,103,129,233,274,286,287,304,319,327,371,389,390],"class_list":["post-17058","blog","type-blog","status-publish","has-post-thumbnail","hentry","blogtag-premises-liability","blogtag-asbestos-abatement-and-disposal","blogtag-asbestos-testing","blogtag-buildings-and-asbestos","blogtag-asbestos-and-buildings","blogtag-renovation-and-asbestos-removal","blogtag-real-estate-asbestos","blogtag-real-estate-disclosures-asbestos","blogtag-home-asbestos","blogtag-home-repair-asbestos","blogtag-homeowners-insurance-asbestos","blogtag-asbestos-real-estate","blogtag-premises-liability-and-asbestos","blogtag-real-estate-agents-and-asbestos"],"acf":[],"x_featured_media":"https:\/\/www.asbestosclaims.law\/wp-content\/uploads\/2025\/08\/real-estate-agents-and-asbestos-liability1-SQ-220x220.jpg","x_featured_media_medium":"https:\/\/www.asbestosclaims.law\/wp-content\/uploads\/2025\/08\/real-estate-agents-and-asbestos-liability1-SQ-537x540.jpg","x_featured_media_large":"https:\/\/www.asbestosclaims.law\/wp-content\/uploads\/2025\/08\/real-estate-agents-and-asbestos-liability1-SQ.jpg","x_featured_media_original":"https:\/\/www.asbestosclaims.law\/wp-content\/uploads\/2025\/08\/real-estate-agents-and-asbestos-liability1-SQ.jpg","x_date":"agosto 25, 2025","x_metadata":{"show_header_blog":"0","_show_header_blog":"field_654929c4b577a","image_header_blog":"17060","_image_header_blog":"field_5f86255998692","name_author":"AsbestosClaims.Law Staff","_name_author":"field_5fa027bb365d8","image_author":"17039","_image_author":"field_5fa02869365d9","alternative_link":"","_alternative_link":"field_5faae1f7dd7d1","title_location":"Asbestos Lawyer:","_title_location":"field_63dad6e7d72c9","name_location":"","_name_location":"field_63347737c6caa","image_location":"","_image_location":"field_6334775ac6cab","_yoast_wpseo_focuskeywords":"[]","_yoast_wpseo_keywordsynonyms":"[\"\"]","_yoast_wpseo_estimated_reading_time_minutes":"","_yoast_wpseo_wordproof_timestamp":"","_thumbnail_id":"17059","_yoast_indexnow_last_ping":"1756123200"},"_links":{"self":[{"href":"https:\/\/www.asbestosclaims.law\/es\/wp-json\/wp\/v2\/blog\/17058","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.asbestosclaims.law\/es\/wp-json\/wp\/v2\/blog"}],"about":[{"href":"https:\/\/www.asbestosclaims.law\/es\/wp-json\/wp\/v2\/types\/blog"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.asbestosclaims.law\/es\/wp-json\/wp\/v2\/media\/17059"}],"wp:attachment":[{"href":"https:\/\/www.asbestosclaims.law\/es\/wp-json\/wp\/v2\/media?parent=17058"}],"wp:term":[{"taxonomy":"blogtag","embeddable":true,"href":"https:\/\/www.asbestosclaims.law\/es\/wp-json\/wp\/v2\/blogtag?post=17058"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}Older Homes and the Asbestos Risk<\/h3>\n\n\n\n
America\u2019s Delayed Regulation of Asbestos<\/h3>\n\n\n\n
Homeowners Today Are More Skeptical of Toxins Than Ever Before<\/h2>\n\n\n\n
No amount of asbestos exposure is safe<\/h3>\n\n\n\n
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Asbestos Exposure Raises the Risk of Legal Liability<\/h2>\n\n\n\n
Regulations on Asbestos and Real Estate Liability<\/h3>\n\n\n\n
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Disclosure is vital to avoid liability<\/h3>\n\n\n\n
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Conclusion: Don\u2019t bury your head in the sand (or asbestos fibers)<\/h3>\n\n\n\n