What Are Your Legal and Ethical Obligations?
Selling a home is a major financial decision—but when the property contains asbestos, it adds another layer of complexity. Whether you’re in Bendigo, Ballarat, Riddells Creek, or elsewhere in regional Victoria, it’s important to understand both your legal responsibilities and the ethical expectations involved in disclosing asbestos when putting your property on the market.
Asbestos isn’t a deal-breaker—but hiding it can be. Being upfront, informed, and compliant protects not only potential buyers, but also your reputation and legal standing.
Asbestos in Older Homes: A Common Concern
Asbestos was widely used in Australian residential construction until the late 1980s. That means any home built or renovated before 1990 may contain asbestos-containing materials (ACMs) in areas such as:
- Roofing, gutters and eaves
- External cladding and wall linings
- Bathrooms, laundries, and kitchen splashbacks
- Vinyl floor tiles and adhesives
- Fencing and garages
- Insulation around hot water pipes or heaters
Many homes in Central Victoria—especially post-war weatherboards, red brick houses, and mid-century builds—contain ACMs. These materials are typically low-risk if undisturbed, but they can become hazardous if damaged or removed without proper procedures.
Legal Obligations When Selling a Property with Asbestos
In Victoria, there’s currently no legal requirement to test for asbestos before selling a home. However, under Australian Consumer Law, sellers must not:
- Mislead or deceive potential buyers
- Withhold material facts that may influence the buyer’s decision
- Make false claims about the condition or safety of the home
If you’re aware that your property contains asbestos—or reasonably suspect it—you must disclose this to your real estate agent and any potential buyers.
Failure to disclose known asbestos issues can result in:
- Legal action from the buyer
- Delays in settlement or sale cancellation
- Loss of buyer trust and agent confidence
- Increased cost of post-sale disputes or repairs
In short: honesty is not just the right thing to do—it’s a legal safeguard.
Ethical Considerations: Why Disclosure Matters
Even if you’re not legally required to commission an asbestos report, being transparent with buyers is the right thing to do.
From an ethical standpoint, consider:
- Would you want to unknowingly expose your family to asbestos?
- Is it fair to hide something that may cost the buyer thousands to remediate later?
- What happens if the buyer plans renovations shortly after moving in?
Providing accurate information builds trust and avoids conflict. In many cases, it can even strengthen the deal—especially when paired with documentation showing the materials are in good condition or have already been safely managed.
Should You Get an Asbestos Inspection Before Selling?
While it’s not mandatory, commissioning a pre-sale asbestos inspection is often a smart move—especially for homes built before 1990. A professional asbestos assessor can:
- Identify any ACMs present
- Assess their condition and risk level
- Help you create an asbestos register (if needed)
- Recommend safe management or removal options
This gives you a clearer understanding of your property and helps you answer buyer questions confidently. If the report shows minimal risk, it may even reassure nervous buyers and support the sale price.
How Asbestos Affects Property Value
In most cases, asbestos won’t significantly lower a home’s value—particularly if it’s common for the area and the materials are in stable condition. However, the discovery of hidden or damaged asbestos during a building inspection can:
- Lead to buyer hesitation or cancelled contracts
- Create pressure to lower your asking price
- Trigger last-minute requests for removal or compensation
Getting ahead of the issue with testing or transparent disclosure helps you retain control over how asbestos is addressed in the sale process.
Options for Sellers: Remove, Disclose, or Discount?
If asbestos is confirmed in your home, you generally have three options before listing:
- Remove It Professionally
- Use a licensed removalist (like Myers Asbestos Removal) to safely remove identified ACMs before listing.
- Pros: Simplifies the sale, avoids buyer concerns, boosts value.
- Cons: Involves upfront cost and may delay listing.
- Disclose and Provide Documentation
- Be transparent about the presence and condition of asbestos.
- Pros: Maintains trust, may be acceptable to many buyers.
- Cons: May limit interest from buyers planning major renovations.
- Negotiate with Buyers
- Acknowledge asbestos and offer to reduce the price or contribute toward safe removal.
- Pros: Flexible option for both parties.
- Cons: Can impact final sale price.
The best choice depends on your timeline, market conditions, and the type of buyer you’re targeting.
How Myers Asbestos Removal Can Help
If you’re preparing to sell a property with suspected or confirmed asbestos, Myers Asbestos Removal can support you through the process:
- Pre-sale asbestos inspections for full clarity
- Written reports to support disclosure or negotiation
- Safe, fully licensed removal with EPA-compliant disposal
- Advice on what to disclose and how to manage the issue
- Clearance certificates to provide assurance to potential buyers
We work with homeowners, real estate agents and conveyancers across Greater Bendigo, Ballarat, and regional Victoria to make the sales process smoother and safer.
Selling Doesn’t Have to Be Stressful
Selling a house is already a big undertaking. Don’t let asbestos complicate things. With clear information, honest communication, and professional support, you can move forward confidently—knowing you’re doing the right thing for both your buyers and your legal peace of mind.
Ready to get a pre-sale asbestos inspection or advice on how to handle ACMs before listing your property?
Contact Myers Asbestos Removal today for expert guidance and local support.