Do You Have To Disclose Asbestos When Selling A House In Massachusetts?

Published on Mar 2nd, 2023

Asbestos. It's a word that can make people shudder, conjuring up images of dusty old schools and cancer-ridden miners.

But the fear around asbestos is somewhat misplaced – after all, it's only dangerous if disturbed.

So should you be worried about disclosing asbestos when selling your house? And what happens if you don't disclose it?

Read on to find out more.

What Is Asbestos?

Asbestos is a unique material or mineral that has been used in several different industries because of its unique set of properties.

Asbestos contains thin but flexible fibers that are strong, flexible, and resistant to corrosion.

The fibers also can withstand heat and flame. These qualities make asbestos an ideal material for use in things like cement, cloth, paper, and plastic.

However, asbestos exposure can be dangerous to human health, and sellers of asbestos-containing products may be liable for the expenses and costs of any resulting injuries. Besides, asbestos also affects property value and may lead to various environmental hazards.

As a result, asbestos is a bit of a wonder mineral: it has the potential to be helpful for a variety of applications, but it also poses significant risks to those who are exposed to it.

What Does The Law Say About Asbestos Disclosure In Massachusetts?

Unfortunately, if you know about the asbestos presence in your home, you must disclose it to potential buyers. However, every state has its laws that you need to check out.

For prospective buyers, it's always best to check with your state and local municipality for their disclosure requirements when it comes to purchasing a property.

While sellers on the federal level aren't legally required to disclose asbestos, that doesn't mean the state or local municipality won't have their own set of regulations.

In some cases, failure to disclose information about asbestos can result in health risks for the prospective buyer. By being aware of the disclosure requirements ahead of time, buyers can be sure they have all the necessary details they require to make an informed decision about a property.

As a home seller, it is essential to be upfront about any potential risks or concerns that exist on the property. This is true for properties and homes with asbestos.

Although asbestos is not necessarily harmful if it is undisturbed, buyers have a right to know about any potential risks before making an offer on a property.

Disclosures about asbestos must be made in accordance with state and federal law.

Furthermore, disclosures about asbestos can help protect buyers from unknowingly purchasing a property with hidden safety risks.

Do You Need To Remove Asbestos In Massachusetts?

If you are also planning to sell your property, it's essential to know the requirements regarding asbestos.

Asbestos is a natural mineral that was earlier used in a variety of building materials due to its heat-resistant properties. However, exposure to asbestos fibers can cause serious health problems, including lung cancer.

If the asbestos is in good condition and does not pose a health risk, there are no regulations requiring its removal.

However, if the asbestos is damaged or deteriorating, it must be removed by a licensed contractor.

An asbestos test can be conducted to determine the condition of the asbestos and whether or not it poses a health risk. But don’t try to remove it by yourself.

How To Sell A Home With Asbestos In Massachusetts

Do you have to disclose asbestos when selling a house? The answer may surprise you! While it is not required by law to reveal the presence of asbestos, it is generally considered good practice.

But don’t panic, as you have several options to sell your home even with asbestos:

Know The Asbestos Testing Options And Laws

You might be worried about asbestos if you want to sell your house. Asbestos is a real estate hot-button issue, and if you're not careful, it can scuttle a deal real quick.

The best way, in our opinion, to deal with asbestos is to be proactive. If you're confident, you have asbestos in your home, get ahead of any buyer's objections by testing for it yourself.

That way, you can confidently present the results to potential buyers and their real estate agents.

And if the results come back positive for asbestos, don't despair. There are plenty of real estate attorneys and home sellers who specialize in dealing with properties that have been contaminated with asbestos.

Disclose Known Asbestos And Negotiate

All home sellers know that the sale of a property is a complicated and often stressful process.

Besides, there are many moving parts, from repairs and staging to open houses and negotiations.

And one potential roadblock that can crop up is asbestos. If you're selling your home, you'll typically be required to complete a seller's disclosure, which includes disclosure of known asbestos and other similar issues on the property.

That said, if you're unsure whether your home contains asbestos, you can always have it tested.

And while asbestos can undoubtedly affect the value of your property, it doesn't necessarily have to be a deal-breaker - especially if you're willing to negotiate with the buyers.

Sealing Or Covering The Asbestos

As any homeowner knows, asbestos is a dangerous material that can cause serious health problems if disturbed.

However, asbestos is only hazardous if disturbed, so sometimes it is best to leave it alone. Containing the asbestos typically costs around 10%-20% less than removing it.

Asbestos removal is a complicated and expensive process, so it's not surprising that many homeowners choose to cover the asbestos and hope for the best.

Of course, if you're considering selling your home, you should disclose the asbestos to potential buyers and let them know about the health and other risks.

Otherwise, you could be liable for any health problems that occur down the road. But as long as you're honest about the asbestos, there's no need to panic. Just remember, asbestos is only dangerous if it's disturbed.

The Best Way Is To Sell Your Home “as it is”

Resolving an asbestos issue in your home can be a real headache. You have to get quotes from different vendors, arrange contractors to inspect the site and do the work, and in some cases, you might have to stay in a hotel during the process.

So we will advise you to sell your home “as is.” By disclosing that your home contains asbestos, you can transfer liability to the new homeowners and wash your hands of the problem.

Of course, you may not get top dollar for your home if you take this route, but avoiding all the hassle could be worth it. Just consult with your local health department to ensure that you’re taking the proper steps in disclosure.

In The End

When it comes to selling a home, there are many things that sellers must disclose to buyers.

From the state of the electrical system to problems with the foundation, disclosures help to ensure that buyers are aware of potential risks before they make a purchase. One type of risk that must be disclosed is asbestos.

Asbestos is a mineral fiber that was once commonly used in insulation and other building materials.

However, it has been linked to several health problems, including lung cancer. As a result, disclosure rules have been established to ensure buyers know the increased risk associated with asbestos-containing materials.

While it may not be possible to eliminate the risk, disclosure can help to minimize the potential for exposure and allow buyers to make informed decisions about their purchases.