Real Estate Question in Dallas Texas??? (foreclosures, lease, attorney)

[tcjmom]

About two years ago I bought a home (foreclosure). I have become aware over the last two years that my house is right by a gas plant. H2S plant. (Very Dangerous Gas) If I knew this I would not have bought the home. The smell sometimes is just fowl. I have issues with breathing and sometimes this just makes it even harder for me to breathe. During the days or nights you can't even open your window because you get such a strong smell of rotten eggs. My question to anyone who can answer this for me, should I have been told this before I bought the home? If so what can I do about it now?

[FalconheadWest]

There is a paragraph called "Environmental Matters" in the Texas contract. Read it.

[TurtleCreek80]

I don't think you're going to get the answer you're looking for. You- the buyer- are responsible for researching the area you're buying in (what businesses are around you, what the schools are like, etc). As long as the gas plant isn't on your property, the seller/bank/former owner are off the hook. Seller is only responsible for being truthful about the home's condition & history. Unless you can prove there's gas damage in your home AND that the damage was there while the former owner (the bank, in your case) owned it, it's going to be quite difficult to make a case against anyone.

[skids929]

Originally Posted by tcjmom

About two years ago I bought a home (foreclosure). I have become aware over the last two years that my house is right by a gas plant. H2S plant. (Very Dangerous Gas) If I knew this I would not have bought the home. The smell sometimes is just fowl. I have issues with breathing and sometimes this just makes it even harder for me to breathe. During the days or nights you can't even open your window because you get such a strong smell of rotten eggs. My question to anyone who can answer this for me, should I have been told this before I bought the home? If so what can I do about it now?

Moderator cut: Off Topic But seriously, it's up to you to research current, and/or future land use in the general area of your home before you give them a penny..Just think, simply having downloaded Google earth on your computer or phone and turning on "places" might have told you that Gas Plant was there.

You have no recourse with the bank, maybe pursue it through your City, maybe Board of Health officials?? Might help to put it in writing, provide some proof it's a "nuisance" to you and your home. Think Health and Safety, infringing on your basic rights to "Light and Air" blah blah blah. Will be an uphill battle since it existed prior to you moving in. It's the equivalent to buying a home next to the Tollway and then asking to have the Tollway moved.

Sounds icky, best of luck.

[Squirl]

I buy foreclosures for investment. The banks do a pretty good job in the cya dept., and the property disclosures are typically very clear that the current owner has no knowledge of the property and it is a buyer beware situation.

I once owned a house adjacent to those electrical high poles that step thru neighborhoods like erector set construction. Years later my DH died of cancer. Living there, and having my home treated quarterly for insects, has always haunted me as potential contributing factors to his cancer. That was many years ago and public environmental sensitivity was not at today's high alert. Call your public health department and find out if the area has been consistently tested for air quality. If you find that the situation is not dangerout and if you are especially sensitive and others are not (ask your neighbors) perhaps you can lease your house to someone.

[Lakewooder]

Since the gas plant is not on the property I don't think the seller had to disclose it..You are required to do your own due diligence on the area, like in zoning matters for instance.*
* I'm not an attorney..

http://caselaw.findlaw.com/tx-court-...s/1090691.html