Misrepresentation (Council Bluffs: sale, real estate, attorney)

[TERESAKERKMAN]

I bought a house 1 year ago and found out 9 months later that there was a plan in place to put a new beltway either on my property or near it. The owners knew about this and never revealed it to us. I asked the neighbors (after they were invited to a meeting and told us about it) if the old owners knew all about this and of course they did. We were also told that the plan has been in the works for years.
I feel that their real estate agent and the owners misrepresented the property and never revealed to us that we could either lose the house or live near a 4 lane highway. Currently we are in the county but the city has used their "two-mile" zone to take our land. I bought a house in the country and expected to spend a long time there. I won't be able to have the peace I now enjoy and never would have purchased this house.

Does anyone know if I have any recourse and what my next steps should be? I would appreciate any info!

Teresa
Council Bluffs, Iowa

[DMRyan]

Is it law for a home owner to be required to disclose something that is not caused by them or has not actually happened on their property yet?

I think this falls back on you as the purchaser having the responsibility to look into things like this before the sale. If it were something wrong with the house, disclosure would be required by the previous owners. But this is caused by the government and it may have not been confirmed at the time of sale that this was an official route of a beltway on or near your property. Real Estate agents often like to think they are knowledgeable on what is going on development wise, but I often find they're incorrect and don't have a complete scope of development. If it goes through your property, wait for the compensation. If it goes near your property, I could see something like this reducing the value of the home (unless there's an interchange planned for larger commercial redevelopment, in which case you may be sitting on a gold mine someday).

[DMRyan]

Also, what do you mean the city has used their two mile zone to "take" your land? Did they annex your property into the city?

Where was your real estate agent to represent you during this process?

[TERESAKERKMAN]

No, they have not annexed us. the county has stepped down and given the city and Fed Highway and DOT all the power over the project.
My agent is from a small town north of here where our house was. She was also unaware of any development happening. A 4 lane highway behind me is not something that would ever interest me. I have a creek running down the back of my property and continues to get higher with each development taking away the farm land. I am losing ground to it's rushing waters when it rains heavily.
I guess the answer is that I am stuck with this problem. Although Iowa law does say that any residential developments known by the seller must be revealed even if it lowers the value of the home. All so frustrating!

[Luke9686]

Talk to a real estate attorney. They will be able to give you a definate answer and course of action.