I realize that the asbestos is safely contained as long as the flooring is not disturbed, but homeowners tear up flooring all the time. Based on the age, I feel the inspector should have warned me that the flooring was likely to contain asbestos. Had I known, I would have negotiated with the seller to help cover the cost of having the flooring safely removed. Do you believe the inspector bears any liability?
If your inspector had disclosed the possibility of asbestos in the vinyl floor backing, this would not have obligated the seller to pay for removal of the material. Homes are generally sold on an as-is basis. Conditions commonly subject to negotiation would include safety hazards, serious physical damage, active leakage, inoperable fixtures or significant construction defects.
The fact that you wanted to replace the flooring after acquiring the property did not obligate the seller to share in the costs of those upgrades. Most sellers would not agree to pay for asbestos removal in that type of situation. For these reasons, the home inspector is not liable for nondisclosure.
--Barry Stone, Access Media Group To submit a question, go to www.housedetective.com.