I did a deal 17 years ago and I do not have paperwork ?
I did a deal 17 years ago and the buyer called me to say that there was asbestos and claims it was there since they bought the home. The home had a home inspector but I do not remember who it was or the lawyer.What do I do in this case? I did not know what to pick for Category.I shridded all my files after 10 years
Asked by Glenda | Barrie, FL| 02-12-2025| 456 views|Working With an Agent|Updated 1 year ago
Take a breath. This is almost certainly not going to result in anything meaningful against you, but you should handle it carefully.
Most states have a statute of limitations on real estate disclosure claims, typically ranging from 2 to 6 years after the sale. At 17 years, the buyer is almost certainly well past the filing deadline for any legal claim against you. Additionally, asbestos was common in homes built before the 1980s, and its presence alone is not necessarily a defect you were required to disclose, especially if you didn't know about it.
You don't have paperwork and that's understandable after 17 years. Most agents and brokerages are only required to retain transaction files for 5 to 7 years depending on the state. Shredding after 10 years was reasonable.
Do not admit to anything or offer to pay for anything. Don't get into a back and forth with the buyer about what was or wasn't known at the time. If the buyer contacts you again, your response should be short. Tell them you don't have records from a transaction that old, and suggest they consult their own attorney if they believe they have a claim.
If you receive any formal legal notice or demand letter, contact your own attorney immediately. If you had errors and omissions insurance at the time of the sale, contact that carrier as well, though coverage from 17 years ago may no longer be accessible.
This is likely a frustrated homeowner venting, not a viable legal claim. But protect yourself by not engaging beyond the basics and getting legal advice if it escalates.
Since the transaction happened 17 years ago and you no longer have records, your liability is likely very limited or nonexistent. In most states, the statute of limitations for real estate claims, such as fraud or misrepresentation, is typically between 3 to 10 years. Additionally, since the buyer had a home inspection and legal representation at the time, they were responsible for their due diligence. If the buyer reaches out, keep your response neutral and professional, stating that you no longer have records from that transaction and that any concerns should have been addressed at the time of purchase. Avoid admitting any responsibility or offering assistance. If they threaten legal action, they likely don’t have a case due to the time elapsed, but if concerned, you can consult an attorney. However, you are not responsible for this issue, and if they persist, politely refer them to their own legal counsel or home inspector.
An agent can come back 17 years on the MLS AND see who sold the home. If that agent is still working, she might have the file uploaded on her system. I upload all my files. I am in business 38 years. I can get to any file to see who did the home inspection, attorney and title company.
Worth a try. Lucy Mierop