Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We bought a house in Portsmouth with asbestos shingles as siding,

Customer Question
we plan to mitigate that...
we bought a house in Portsmouth with asbestos shingles as siding, we plan to mitigate that problem, but found clapboards underneath with probable lead paint on them. Do we have any recourse from the seller, contractor, or home inspector? Thanks for your prompt response. Sincerely, ***** **********Portsmouth(###) ###-####
***@******.***
Submitted: 3 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 4 minutes by:
5/19/2015
Real Estate Lawyer: Richard, Lawyer replied 3 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,231
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Hi! My name is ***** ***** I look forward to helping you!
Yes, you do have recourse against the seller. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. And, this clearly qualifies as a material matter that should have been disclosed and is clearly something the sellers knew or should have known. What you want to do is raise the stakes on your sellers. In fact, the NH seller disclosure form specifically has a provision regarding the disclosure of lead paint (http://absoluterealty.org/vow/Forms/nh/Seller_Disclosure.pdf). You should send the sellers a certified, return receipt requested letter detailing the situation and lack of disclosure and demand they compensate you to remediate the problem within a short specified period of time. Inform your seller that if they do not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on their record.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Richard, Lawyer replied 3 years ago
I just wanted to let you know that I will be away at a lunch meeting for the next hour or so. Should you have a further follow up, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,231
57,231 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am a veteran and we bought a house 2 mths ago. There was
I am a veteran and we bought a house 2 mths ago. There was no disclosure about water being flooded in basement. We had contractors come out. There is evidence that someone has cut 2ft from floor and p… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My close family members had their house in Texas painted by
My close family members had their house in Texas painted by a professional painting contractor. The painters spilled cream colored paint on the brown roof shingles. They did not tell my family members… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,218 satisfied customers
My insurance company is cancelling my homeowners insurance
My insurance company is cancelling my homeowners insurance because they said I need a new roof. The inspector I hired to inspect my home didn't tell me I needed my roof replaced. This is my first home… read more
socallegalwork
socallegalwork
120 satisfied customers
We just bought a condo and as we were with the general
We just bought a condo and as we were with the general manager of the condo, he mention to us that there was asbestos in the ceiling. This was not disclose to us at any given time before closing. Ever… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
I bought a home with FHA loan. It turned out to have a leaky
I bought a home with FHA loan. It turned out to have a leaky roof, and was lousy with peeling lead paint. We have been in the house for 5 years and live in constant fear. We can't afford to do much re… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
purchase home in 2009 FHA hud leader found sand underneath
purchase home in 2009 FHA hud leader found sand underneath carpet with mold and mildew also home insurance will not cover for new roof because seller painted the roof have a leaks in several rooms als… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I bought a home in Oct 2010 in PA. The only thing on the disclosure
I bought a home in Oct 2010 in PA. The only thing on the disclosure was it needed a new roof because of leakage. It is an old Victorian brick mansion. I didn't have a problem with that. I had a buildi… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I purchased a property last April and just found out that the
I purchased a property last April and just found out that the roof was built in a questionable manner, in 2 roof contractors' words, built illegally. Basically, instead of taking out the original wood… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I bought my house 5/2008. The house was what appeard to be
I bought my house 5/2008. The house was what appeard to be decent shape. The home inspector came in and did his job and didn't point out anything out of the ordinary. After I moved in I discovered the… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Im in Texas. This has to do with a change coming within
I'm in Texas. This has to do with a change coming within a few months of the Renovation, Repair and Painting Rule. The change will require clearance testing after many home improvement projects on pre… read more
socrateaser
socrateaser
1,031 satisfied customers
My husband and I are trying to sell a house we bought 3 years
My husband and I are trying to sell a house we bought 3 years ago on a VA loan. We have since discovered that the previous owners did not get a permit for an enclosed patio on the property. The seller… read more
FloridaLawyer
FloridaLawyer
Attorney
Doctoral Degree
737 satisfied customers
In California is it legal to sell a home where there has been
In California is it legal to sell a home where there has been water damage and all repairs have been done by family without any permits and no precautions have been taken pertaining to asbestos and le… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We bought a house this year in January. It was older so we
We bought a house this year in January. It was older so we knew there would be some updating and work to be done. What we did not realize was that we would have to spend $18,000 to fix the foundation … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I just bought a home as is. I infomed the seller that i thought
I just bought a home as is. I infomed the seller that i thought the bathroom tile could contain asbestos. She told me that tile was just in the bathroom. After I moved, I realize the bathroom tile was… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Hi. We recently bought a SFR built in 1969. We found out that
Hi. We recently bought a SFR built in 1969. We found out that the air ducts were asbestos with damages on 3 areas. The seller did not disclose to us or at least they are saying they didn't know, that … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I bought a house in 2004. Recently, I had hail damage and
I bought a house in 2004. Recently, I had hail damage and had to have some shingles replaced and siding replaced. The contractor informed me that there was no wrap under the siding and no paper under … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
In the state of Virginia, is a landlord required to disclose
In the state of Virginia, is a landlord required to disclose asbestos in a house built in 1910? I have had tenants in place for two weeks. I gave them a lead based paint disclosure and a pamphlet on m… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
The seller of the house i purchased did not disclose that ...
The seller of the house i purchased did not disclose that it has asbestos shingles. Since this was his home since he was a child, he had to know that there were asbeston singles under the aluminum sid… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x