Who is legally required to disclose the presence of asbestos in residential real estate transactions?

In residential real estate transactions, home sellers are legally required to disclose the presence of asbestos. This obligation stems from various state and federal laws aimed at protecting the health and safety of buyers. Asbestos is a material that was widely used in construction prior to the 1980s and can pose significant health risks when its fibers become airborne. Because sellers are aware of the condition of their property, they must inform potential buyers of any known hazardous materials, including asbestos, to ensure informed decision-making.

Real estate agents, while they play a role in facilitating disclosures, are not the primary parties responsible for directly informing buyers about existing conditions like asbestos. Home buyers, on the other hand, are not typically responsible for disclosure; rather, they should conduct due diligence during the purchasing process, including checking for hazards. Home inspectors can identify and report on the presence of asbestos during their evaluations, but it is not their legal responsibility to disclose this information since they are not the property owners. Ultimately, the legal duty to disclose lies with the sellers, making them the key party in this scenario.