How do you solve a problem like asbestos? Real estate agency principals, their agents, property managers, strata managers and auctioneers now have a guide as to their legal obligations in relation to asbestos in the properties they are engaged to sell or manage. Estate Agents Co-operative, an affiliate of the Real Estate Institute of Australia, worked with NSW Fair Trading and Work Cover to develop the fact sheet for the industry.

"Agents and Property Managers cannot be expected to make a qualified assessment of whether asbestos is present in a property,” said Geoff Hunter, EAC Industry Liaison Officer. "That is why this fact sheet is so important, to give them clear steps and guidelines on how to deal with Loose-Fill Insulation containing Asbestos, and to make clear their obligation to properly inform property owners of their associated obligations."

Obligations include a duty of care to the client and workers engaged to carry out work on the property; a commitment to act honestly, fairly and professionally; a responsibility to disclose certain matters to prospective buyers and tenants. It is reasonable to assume that properties constructed before 1980 may contain loose-fill asbestos insulation. 

"The protection and representation of NSW agents and property managers is of the utmost importance to EAC," said David Crombie, EAC CEO. "That is why it is so important that we have worked with NSW Government departments on this issue and will continue to do so at every turn."

The fact sheet can be viewed here.