I am no attorney, but it seems that a civil lawsuit might be warranted. Does the state have a disclosure law requiring property owners to provide reasonable information to a seller of conditions that might negatively impact the property? If disclosure was not made it seems that while the buyers might have to comply with the law regarding wetlands remediation, they might have a cause of action against the previous seller and/or the real estate agent or by extension, those who conducted the unpermitted landfill work. It is reasonable to expect that an "expert" in landfill and grading work in the area should be familiar eith the codes and regulations at least to the point of ensuringn the work is permitted. Can it truly be that the property owner inherits responsibility for previous acts by a previous owner when that owner was apparently instructed by local officials to perform due diligence in determining if permits were required?
Comments
stepjohn 1 year, 10 months ago
I am no attorney, but it seems that a civil lawsuit might be warranted. Does the state have a disclosure law requiring property owners to provide reasonable information to a seller of conditions that might negatively impact the property? If disclosure was not made it seems that while the buyers might have to comply with the law regarding wetlands remediation, they might have a cause of action against the previous seller and/or the real estate agent or by extension, those who conducted the unpermitted landfill work. It is reasonable to expect that an "expert" in landfill and grading work in the area should be familiar eith the codes and regulations at least to the point of ensuringn the work is permitted. Can it truly be that the property owner inherits responsibility for previous acts by a previous owner when that owner was apparently instructed by local officials to perform due diligence in determining if permits were required?
Sign in to comment
Or login with:
OpenID