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<blockquote data-quote="msscamp" data-source="post: 92740" data-attributes="member: 539"><p>"I was told by a family friend that they had the place sold but the buyer found out there is asbestos buried there and it will cost 60 thousand to remove it, so the buyer backed out. That is why they are selling it at auction. My questions are: Does the auction company have to reveal the asbestos problem at the auction?"</p><p> </p><p></p><p>According to my business law class this past semester, if they know asbestos is buried there, yes, they do have a responsibility to reveal it. The key phrase here is 'if they know'. </p><p></p><p></p><p>"Is it mandatory that the site be cleaned up, or can it just be left alone?" </p><p></p><p></p><p>I'm thinking it's probably mandatory, under the law, that it be cleaned up. The EPA is pretty darn picky and asbestos is a known carcinogen.</p><p></p><p></p><p>"If someone buys it, do the former owners have any responsibility for the cleanup?" </p><p></p><p></p><p>Considering the former owners are dead, I would imagine the responsibility passes to the buyer. Depending on the circumstances, the responsibility may pass to the children, but it may not too. </p><p></p><p></p><p>"I have e-mailed the auction company with these questions but gotten no response."</p><p></p><p></p><p>You probably will not get a response from the auction company as this is a potential loaded gun waiting to explode. I would contact an attorney. Another option would be to contact the EPA and ask them using a hypothetical situation, such as a report or some such thing having to do with school or your own curiosity with another situation. Attorneys would know the law in your area, and be better versed to answer your questions. And, of course, the EPA would know how it is handled. A third option would be to go to the county courthouse and research the parcel of land. Depending on the recorded name of the owners, it may give you at least an idea of whether the charges may or may not be true. I can fully understand why you want this parcel of land, and I wish you the best of luck.</p></blockquote><p></p>
[QUOTE="msscamp, post: 92740, member: 539"] "I was told by a family friend that they had the place sold but the buyer found out there is asbestos buried there and it will cost 60 thousand to remove it, so the buyer backed out. That is why they are selling it at auction. My questions are: Does the auction company have to reveal the asbestos problem at the auction?" According to my business law class this past semester, if they know asbestos is buried there, yes, they do have a responsibility to reveal it. The key phrase here is 'if they know'. "Is it mandatory that the site be cleaned up, or can it just be left alone?" I'm thinking it's probably mandatory, under the law, that it be cleaned up. The EPA is pretty darn picky and asbestos is a known carcinogen. "If someone buys it, do the former owners have any responsibility for the cleanup?" Considering the former owners are dead, I would imagine the responsibility passes to the buyer. Depending on the circumstances, the responsibility may pass to the children, but it may not too. "I have e-mailed the auction company with these questions but gotten no response." You probably will not get a response from the auction company as this is a potential loaded gun waiting to explode. I would contact an attorney. Another option would be to contact the EPA and ask them using a hypothetical situation, such as a report or some such thing having to do with school or your own curiosity with another situation. Attorneys would know the law in your area, and be better versed to answer your questions. And, of course, the EPA would know how it is handled. A third option would be to go to the county courthouse and research the parcel of land. Depending on the recorded name of the owners, it may give you at least an idea of whether the charges may or may not be true. I can fully understand why you want this parcel of land, and I wish you the best of luck. [/QUOTE]
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