Home Selling in Riverside>Question Details

Daveg, Home Seller in Riverside, CA

discloser of contaminated property

Asked by Daveg, Riverside, CA Mon Apr 11, 2011

i live in an area close to a cement plant,if i chose to sell must i disclose cement dust contamination?

Help the community by answering this question:

Answers

4
Yes!!!

You must discloes any known facts that could have an adverse effect on the property. Failing to do so could bring you some major problems down the road.


Kawain Payne, Realtor
0 votes Thank Flag Link Tue May 15, 2012
Legally you must. Even if you didn't the appraiser or the lender upon receiving the appraisal might request an Environmental Study. That would show your lack of disclosure which could kill the transaction. Environmentals are not cheap.

Happy funding, Rudi
Web Reference: http://www.umboc.com
0 votes Thank Flag Link Tue Apr 12, 2011
Hello Daveg,

You must disclose any KNOWN MATERIAL FACT! That includes the neighborhood and neighbors surrounding your home. My question for you is. Do you know for a fact that the dust has been determined to be a contaminate? Do you have any reports, or medical studies that determine the dust is a contaminate? If the answer is no, then disclose that the home is located "X" miles from the cement plant. Disclose that there is an issue with dust coming from the plant. If you have any reports, or medical studies regarding the plant and the dust from the plant then make sure you attach copies of everything to your Transfer Disclosure Statement. As a Seller you never want to make any statement unless you know for a FACT it is correct. As a Seller, you also want to avoid making any statement regarding contaminates unless you're licensed or an expert in that field. By keeping your disclosure basic and to the point you will meet your obligations of disclosure and the Buyer(s) will be obligated to investigate further on their own any questions they may have as a result of your disclosure. Lastly, if you still have questions you can always consult a licensed Attorney who specializes in Real Estate law. I hope this answers your question. Good luck!

Matt
0 votes Thank Flag Link Tue Apr 12, 2011
Hi Daveg,

You must disclose everything you know about the property, including cement dust contamination. If you fail to disclose all conditions about the property of which you are aware, you are opening yourself up to a lawsuit.
0 votes Thank Flag Link Mon Apr 11, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2014 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer