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    LSchnapf
    Another Seller Tripped Up By Incomplete Residential Property...
    Entry posted April 9, 2012 by LSchnapfElite Contributor, last edited April 30, 2012
    284 Views, 1 Comment
    Title:
    Another Seller Tripped Up By Incomplete Residential Property Disclosure Statement
    Entry:

    Buy purchaser property "as is" with right to inspection. Seller required to deliver statutory disclosure form where seller fails to advise that he had been advised by Amy Corps of wetlands and that "sidecasting" had violated Clean Water Act.

    After buyers purchase property and learn of structural issues as well as wetlands, they file claim for misrepresentation. Trial court grants motion for summary judgment in favor of seller but appeals court reverses, finding that the disclosure statute had changed common law. More detailed discussion on my website at link below  

    http://www.environmental-law.net/2012/04/appeals-court-reverses-judgment-for-seller-who-failed-to-disclose-wetlands-on-disclosure-form/

    Comment

     

    • Joseph Burley, Freelance Enviro-Tech
      posted April 30, 2012 by Joseph Burley, Freelance Enviro-TechSuper Contributor  Permalink

      Verdict seems reasonable. Shows that disclosure statements are really designed for houses and not large pieces of vacant land with more complex issues that should be independently evaluated by a consultant rather than relying on seller's disclosure. Shame on the buyer for not getting good advice on proper due diligence or ignoring it?