First question...are you sure that the tile floor is asbestos? Often times they are not. Can you just cover the floor with carpet or new subflooring? $1800 just to remove flooring. Ouch. The problem with asbestos is not the tile itself, but fibers from broken pieces in the air. If it where me, I would either cover it up (best option) or get the dust mask/paper suit on, open the windows, cover things with plastic, and start removing.
can you advise the clients it is safer to cover it then to remove it........most of asbestos in tile, roofings and siding is chrysolite. It is used as a binder and is not friable in its current state.
WOW! Since when did as-is come with conditions? That's a new category - "sort of as-is".
Double WOW! You have to remove it!?!? YOW! I would be really, really, REALLY seriously be drawing up a document that the buyer signs saying this copy of the invoice from the asbestos contractor is your proof that you fullfilled your part of the contract, and that this action leaves you harmless from any further asbestos issues with the house, further that you don't guarantee that the house is now free from asbestos. I would lose the deal before I promised a buyer what you did.
The preferred method of dealing with asbestos flooring is to cover it up, simple as that. You opened a huge can of worms with that promise of removal.
In the future I would deal with dollars instead of what you did. It all comes down to money anyways. I would have found out what it might cost and deducted it from the selling price, actually I would find out what it cost and then offer them 1/2 of that against the selling price, since 90% of all buyers never do the work they want you to do if you just give them an allowance.
What happens if the guy you hire does a shady job, what if the cabinets have been set over the flooring and he just leaves that bit under the cabinets and you never know it, and 10 years from now the buyers kid developes lung cancer from smoking pot, at the same time this owner decides to remodel the kitchen and has a contractor put in new cabinets, now he finds that orginal asbestos flooring, his kids got lung cancer, guess who is going to be served? You are.
Seriously consider getting this buyer to sign a document relieving you from all further issues regarding this floor. Let him inspect the work and sign off on your document himself. :-o [ Edited by The-Rehabinator on Date 04/22/2004 ]
Although I might personally do the same, it should be noted that the advice given in the first response is not legal (Atleast in NY & MA.)
Leave the deal (if you can without a default) or pay a licensed remover (who provides proper documentation, permit, etc.) I am not aware of any third option.
The majority of states do not require a licensed abatement contractor to remove tile. Maryland does not unless it is in a school. Mass does not. NY does. Of course double check in case my information is out of date, generally speaking asbestos is becoming less of an issue than it once was thought to be.
Here is a pretty good link to some guidelines for removing tile.
www.deq.state.or.us/aq/asbestos/Asbflr.pdf
In your particular case you would probably want to have someone licensed do the work though to avoid future liability. I would think nothing of removing tile myself, it's just not a big deal, but once there's a refrence to it in a legal document you need to cover yourself.
I was getting the gas turned on in a new rehab, the draft diverter on the hotwater heater was installed wrong, I received a red flag for it from the gas company. It's a 2 minute job to put on a new diverter, but I paid to have it done. If there is documentation for a problem, I want documentation about the correction.
first, the quote is from a licensed asbestos remover in DC (nearby), that removes it from schools and public buildings all the time. Second, they test the air after its done, and provide a report.
third, there is no mention of the asbestos in any contract I have with the buyer, it is simply a verbal agreement that I intend to comply with.
fourth, I will have the buyers sign off on the removal. thank you for the advice
I don't see why this is such a big deal, as long as I cma with signed agreements, and no mention of the asbestos in the contract... Am I missing something else?
First question...are you sure that the tile floor is asbestos? Often times they are not. Can you just cover the floor with carpet or new subflooring? $1800 just to remove flooring. Ouch. The problem with asbestos is not the tile itself, but fibers from broken pieces in the air. If it where me, I would either cover it up (best option) or get the dust mask/paper suit on, open the windows, cover things with plastic, and start removing.
Yes, it's been confirmed that it is asbestos...
the problem is, I just sold the place, as-is, but with two conditions. I have to fix the AC and remove these tiles...
can you advise the clients it is safer to cover it then to remove it........most of asbestos in tile, roofings and siding is chrysolite. It is used as a binder and is not friable in its current state.
NC_Yank
[ Edited by NC_Yank on Date 04/22/2004 ]
WOW! Since when did as-is come with conditions? That's a new category - "sort of as-is".
Double WOW! You have to remove it!?!? YOW! I would be really, really, REALLY seriously be drawing up a document that the buyer signs saying this copy of the invoice from the asbestos contractor is your proof that you fullfilled your part of the contract, and that this action leaves you harmless from any further asbestos issues with the house, further that you don't guarantee that the house is now free from asbestos. I would lose the deal before I promised a buyer what you did.
The preferred method of dealing with asbestos flooring is to cover it up, simple as that. You opened a huge can of worms with that promise of removal.
In the future I would deal with dollars instead of what you did. It all comes down to money anyways. I would have found out what it might cost and deducted it from the selling price, actually I would find out what it cost and then offer them 1/2 of that against the selling price, since 90% of all buyers never do the work they want you to do if you just give them an allowance.
What happens if the guy you hire does a shady job, what if the cabinets have been set over the flooring and he just leaves that bit under the cabinets and you never know it, and 10 years from now the buyers kid developes lung cancer from smoking pot, at the same time this owner decides to remodel the kitchen and has a contractor put in new cabinets, now he finds that orginal asbestos flooring, his kids got lung cancer, guess who is going to be served? You are.
Seriously consider getting this buyer to sign a document relieving you from all further issues regarding this floor. Let him inspect the work and sign off on your document himself. :-o [ Edited by The-Rehabinator on Date 04/22/2004 ]
Rehabinator is on the money.
Although I might personally do the same, it should be noted that the advice given in the first response is not legal (Atleast in NY & MA.)
Leave the deal (if you can without a default) or pay a licensed remover (who provides proper documentation, permit, etc.) I am not aware of any third option.
The majority of states do not require a licensed abatement contractor to remove tile. Maryland does not unless it is in a school. Mass does not. NY does. Of course double check in case my information is out of date, generally speaking asbestos is becoming less of an issue than it once was thought to be.
Here is a pretty good link to some guidelines for removing tile.
www.deq.state.or.us/aq/asbestos/Asbflr.pdf
In your particular case you would probably want to have someone licensed do the work though to avoid future liability. I would think nothing of removing tile myself, it's just not a big deal, but once there's a refrence to it in a legal document you need to cover yourself.
I was getting the gas turned on in a new rehab, the draft diverter on the hotwater heater was installed wrong, I received a red flag for it from the gas company. It's a 2 minute job to put on a new diverter, but I paid to have it done. If there is documentation for a problem, I want documentation about the correction.
Mykle
Ok, few things.
thanks for all the input
first, the quote is from a licensed asbestos remover in DC (nearby), that removes it from schools and public buildings all the time. Second, they test the air after its done, and provide a report.
third, there is no mention of the asbestos in any contract I have with the buyer, it is simply a verbal agreement that I intend to comply with.
fourth, I will have the buyers sign off on the removal. thank you for the advice
I don't see why this is such a big deal, as long as I cma with signed agreements, and no mention of the asbestos in the contract... Am I missing something else?
any other input on this?