Posted By steve e ashton Iain I'm reasonably sure the sale could (legally) go either way BUT - if the seller commissions the survey, and gets a couple of removal quotes - he will have a clear idea of how much its going to cost, and will be able to pass the info to prospective purchasers. The price of the property will be reasonable (although with all else in the world today, it may not be as reasonable as it would have been two weeks ago...) If the 'over to you guys' approach is adopted, any responsible buyer will want to do a due diligence - and will reduce his offer price accordingly. And will signicantly over-estimate the costs of ACM removal thus further reducing his offer. He will be buying risk from you, and will want to cost this into his offer by reducing the amount he is willing to pay. Basically, its a question of risk - and in my opinion, to get the lowest cost for the risk (highest price for the property)- the seller would be best advised to commission the type 3 survey himself (and possibly even remove as well....). Whilst 'caveat emptor' may be the commonly accepted saying, if you sell to the highest bidder - and the buyer has NOT done a due diligence, and has NOT accounted for the future survey / removal costs - then some liability could well come back to yourselves for failing adequately to inform the buyer. Must stress this is my opinion - I couldn't quote chapter and verse on the contract law and unfair contract terms etc.... Hope it helps. Steve

Posted By Ron Hunter Ian, Your Project Advisers are providing very poor advice. You have no duty to undertake a survey.

Posted By Robert K Lewis I am with DW on this. It is actually not your concern what the buyer intends to do. You only need to manage your own asbestos. Strangely there is actually no formal requirement to pass the reports on at sale. If the contract exchange occurs without passing over such information there is is not an offence. I have a situation currently where the developer has sold on the site having started demolitions. There are no Type 3 surveys traceable/handed over and the discussion now is concerning costs. The new owner is however stuck with his CAR duties with regard to the empty properties. Would be grateful for DW biew on this one! Bob

Posted By Robert K Lewis Brian This I think applies to those persons undertaking work activities liable to disturb - Purchasing itself does not disturb. Having said that I do think that the practice is close to the edge. Bob