Asbestos: The Inspector Is Not Always Liable
An individual purchases a house with a yard. Attached to the deed of sale is a negative asbestos inspection report, prepared by a specialized company.
Citing a report prepared a few months after the purchase, which revealed the presence of asbestos in the pipes located in the garden, the buyer sued the successive insurers of the inspector in court to obtain compensation. To no avail.
Noting that the inspector’s duty is to identify, without performing any destructive work, the presence of asbestos in the sprayed coatings, insulation, and drop ceilings of the dwelling and, for exterior elements, in the roof, siding, and lightweight facades, as well as in asbestos-cement ducts on the roof and facade, the judges concluded that the inspector was not required to check the buried pipes in the garden, since these pipes are not visible and cannot be inspected without destructive work.
