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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a roof opening since a few months ago . And last week

Customer Question

I have a roof opening since a few months ago . And last week a neighbor's roof collapsed adjacent to our unit and is being tested for asbestos . It is an old building , and they tested my unit too after I asked them . Now I'm calling and calling for the report and I feel like they are giving me the turn around , called the company who did the test and they said their company submits report after 3 days it's been a week . What should I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Who is "they" in your situation? An insurance company, a HOA Board, a landlord?
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Do you own or rent?
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Is the company stating that they have already delivered the results of the test to whoever ordered them?
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Did you ask them if you could get a copy of the report directly from them?
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thanks
Barrister
Customer: replied 1 year ago.
Sorry "them" the management company/manager. I called the company who did the test and ask them for general questions and got up to the point where they checked the address in question and even said " there's something going on" but won't comment if they have send the report or not , because I wasn't the one who paid for the test . We are renting , and I have complained verbally before about the opening but they didn't do anything .
Expert:  Barrister replied 1 year ago.
Ok, in a situation like this, the reality of it is that if they are being sketchy about releasing the report, the it likely has come back with evidence of asbestos and they are trying to get out of having to remediate it along with the costs that come with it.
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The problem is that you can't force them to release the results to you because they own them and the results of the test.
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So here, your recourse would be to try to get the company to perform another test (likely using the exact same test materials that they have) and give you the results. So essentially you would be just paying them to make a copy of the report and change the customer name. I would think that this company would cut you a substantial discount on just reissuing a report that they already have.
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If the report indicates asbestos, which it likely does, then you would need to determine if the report says it is a hazardous to your health to a point where it made the property uninhabitable. If so, you can then either terminate your tenancy and move or sue the landlord under a breach of contract claim to force him to make repairs and remediate the asbestos.
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thanks
Barrister

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