Discovering asbestos or vermiculite in your property is rarely a pleasant surprise. Yet it’s present in many buildings across Quebec, especially those constructed before the 1990s.
It’s important to know what to do, what not to do, and who to call to ensure your safety.
What Is Asbestos and Vermiculite?
o Asbestos was once widely employed as a construction material because of its heat-resistant properties and low cost, from ceiling tiles to wall panels, thermal insulation, flooring, and some types of exterior stucco.
The problem: When asbestos starts to crumble, it can release fibres into the air. It then becomes hazardous to health and can cause serious lung diseases.
o Vermiculite, for its part, is a loose-fill insulation material often found in attics. Some brands, such as the well-known Zonolite, may contain asbestos. Although vermiculite itself isn’t toxic, it must be handled with extreme care if it’s contaminated with asbestos.
1. Don’t Touch Anything
You open a wall and find that the insulation is crumbling, greying, or in very poor condition. It may contain asbestos (or may not as various materials used in the past look this way).
Your first impulse might be to examine it more closely or even try to clean it: this is a bad idea.
Don’t scratch at it, don’t move anything, and don’t sweep any residue that has fallen to the floor. The more you agitate the fibres, the more they’ll become airborne (and the greater the risk of breathing them in).
Restrict access to the area, avoid disturbing the air, and, if possible, close the ventilation to the room in question.
2. Have the Material Analyzed
It’s impossible to confirm the presence of asbestos visually. Only a certified laboratory or specialist industrial hygiene company can do so.
To proceed:
- Contact a specialist company.
- Let them collect the samples themselves.
- Wait for the results before you decide what to do next.
It’s a small investment to obtain vital information.
3. What to Do in Case of Immediate Risk
If tests confirm that asbestos is indeed present in your home, the company that carried out the analysis will advise you on the next steps.
Two courses of action are usually open to you:
Ø The material is in good condition (undamaged, not friable).
Often, when asbestos remains intact, it poses no danger. In such cases, encapsulation is recommended, which involves covering the material to prevent it from deteriorating.
Ø The material is degraded or in an area where you want to renovate.
If the material is loose or if work is planned, you must call in a company specializing in asbestos removal. The protocols are strict: containment, controlled ventilation, decontamination, and safe disposal.
4. Never Remove It Yourself
In Quebec, asbestos removal and decontamination is regulated.
Certified companies possess the required equipment to limit risks, protect your family, and ensure your home’s safety upon completion of the work. As previously mentioned, attempting to do this type of job yourself can endanger your health and spread contamination throughout your home.
Can I Obtain Compensation?
Some owners received compensation in a class action lawsuit involving the vermiculite manufacturer Zonolite in the early 2000s. The compensation program has now expired, however.
How This Effects Resale
As a seller, you’re legally required to disclose the presence of asbestos or contaminated vermiculite to potential buyers.
But rest assured: a house can still sell very well despite this, especially if the seller can provide a professional analysis report and the removal work was carried out in accordance with regulations.
If you’re the buyer and the pre-purchase inspection has revealed that the house contains asbestos, your real estate broker can negotiate a lower purchase price to account for the cost of the necessary work.
Is It Considered a Hidden Defect?
Discovering asbestos or contaminated vermiculite after purchase raises an important question: can you sue the previous owner for hidden defects?
Yes, but only under certain conditions. The problem must namely
- be undetectable during a pre-purchase inspection;
- be unknown by the buyer;
- compromise the property’s value or safety.
To initiate legal action, start by obtaining an expert report confirming the presence and impact of the material along with an estimate of the decontamination costs. Then send a formal notice to the previous owner.
If they were aware of the issue and chose not to mention it, your case becomes even stronger. Given the uniqueness of each situation, you should consult a lawyer who specializes in real estate to evaluate your actual chances and settlement options. Furthermore, thanks to REMAX’s Tranquilli-T program offered by your broker, you can receive legal support throughout this stressful process.
A RE/MAX real estate broker can also advise you on what to do if you discover asbestos in a property, whether you’re the seller or the buyer.
