What to Do When the Seller Did Not Disclose Asbestos

 Posted on December 01, 2025 in Real Estate

Buying a home can be both an exciting and stressful affair. As a buyer, you want assurance that the property you purchase does not contain hidden defects or hazards that could cost you time and money down the road. Disclosure laws exist is 2026 to protect buyers by requiring sellers to reveal known property conditions upfront. However, sometimes sellers fail to make legally required disclosures or even actively conceal problems.

Asbestos is one common area where lack of disclosure frequently occurs. If you learn the home you purchased contains asbestos, working with a Wilson County, TX real estate lawyer can help to protect your best interests. Geoff Mayfield, Attorney at Law provides aggressive counsel and representation to home buyers in real estate transactions, drawing on over 15 years of legal experience to guide clients.

What Should I Do if I Find Asbestos After Buying a Home?

If you discover undisclosed asbestos post-purchase, the first thing to do is consult an asbestos abatement company. Have a certified asbestos inspector assess areas where asbestos is present, the type of asbestos, and the amount. If you decide to take legal action, providing documentation on the scope and location of asbestos early on builds your case.

A professional can advise you on containment options, removal costs, safe management, and health risks associated with asbestos exposure in your case. Knowledge truly is power when asbestos gets uncovered, so work with a professional.

Property Disclosure Requirements for Home Sellers in Texas

Next, pull out your copy of the seller's Texas Property Disclosure form that was completed before closing. Read it over closely, looking for any mention of asbestos, previous abatement or encapsulation projects, or checked boxes indicating 'yes' for materials such as insulation or wall treatments that may contain asbestos.

Even if asbestos is not called out by name, vague disclosures hinting at the possibility could protect the seller from accusations of deceitful nondisclosure later. Review the entire form with your attorney to determine if the seller made any statements related to the possibility of asbestos.

The Statute of Limitations for Failing to Disclose Asbestos

Unfortunately, asbestos disclosure cases can quickly run up against legal deadlines after closing. In Texas, you have four years to file a claim that the seller did not disclose that the home had asbestos per the terms of the contract. Make assembling your professional documentation and meeting with an attorney a priority soon after finding asbestos present.

Speed is necessary if you hope to keep all options for recouping abatement costs, lowering purchase price retroactively, or pursuing punitive damages against an intentionally deceitful seller.

Is Failure to Disclose Fraudulent Misrepresentation?

Knowingly not disclosing a defect on a property could be considered fraudulent misrepresentation, which opens up the seller to serious liability. In practice, if a seller was aware of asbestos on the property and then failed to inform you of it, he or she could be made to pay for your damages.

To make a case for fraudulent misrepresentation, you must prove that the seller knew about the defect and intentionally concealed it from you. This requires hard evidence, which may include witness statements, text messages or other communications between you and the seller, and photos of the property itself. An attorney can help you carry out a detailed investigation into the seller’s claims.

In response to a complaint, a seller may point out that he or she sold the property "as is" to deflect responsibility. However, selling a property in this manner still requires a full disclosure of all known hazardous conditions, including asbestos.

Seeking Compensation for Undisclosed Asbestos on a Property

Exposure to asbestos can lead to serious health complications, including:

• Lung cancer: Asbestos fibers can settle and lodge themselves deep into your lungs, resulting in genetic changes that may eventually cause cancer.

• Asbestosis: This condition is caused by asbestos fibers scarring the lungs, which can make it much more difficult to breathe.

• Mesothelioma: This is a type of aggressive cancer that arises from the tissue lining of the lungs, caused by asbestos exposure.

When you file a suit against the seller, you may be able to recover compensation for any medical expenses resulting from asbestos exposure on the property, as long as your claim is within the statute of limitations. A lawsuit can also address other monetary damages resulting from the misrepresentation, like repairs or the decreased value of the property. In some cases, a judge can award payment for punitive damages if the seller intentionally or maliciously covered up the presence of asbestos on the property.

Our firm can help you identify all of the damages that you have suffered as a result of the seller’s failure to disclose a defect. We can help you negotiate for an appropriate remedy outside of court, but if needed, we are willing to proceed to litigation on your behalf.

Are There Laws Protecting Home Buyers From Nondisclosure in Texas?

Under state law, the Deceptive Trade Practices Act (Texas Business and Commerce Code Sec. 17.46) provides several protections to consumers, including home buyers in real estate transactions. Some of these protections prohibit sellers from:

• Making false or misleading statements regarding repairs or renovations

• Falsely claiming that a property has had work or repairs performed on it

• Failing to disclose information to get a consumer to engage in a transaction that he or she would not have otherwise

If you intend to file a lawsuit under the Deceptive Trade Practices Act, you must give the seller 60 days of advance notice with a written complaint. If you are successful in your lawsuit, you can be paid up to triple the amount of your economic damages, as well as attorneys’ fees.

Contact a Comal County, TX Real Estate Attorney

If you need help taking legal action after a seller failed to disclose the presence of asbestos on a property, reach out to our Wilson County, TX residential real estate lawyer. Call Geoff Mayfield, Attorney at Law at 210-535-0870 for a free consultation.