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Behind our home on the other side of a tree line is a grease recycling dumping station. When we bought our house I asked what was on the other side of the trees and was told "the river" my neighbors were told there was "a gully". We get alot of noise, dust, and sometimes smells from this place. We recently found out that the developer traded some land with the recycling station to develope this subdivision, so he knew it wwas there. I'm really concerned it may hurt my resell value.
Behind our home on the other side of a tree line is a grease recycling dumping station. When we bought our house I asked what was on the other side of the trees and was told "the river" my neighbors were told there was "a gully". We get alot of noise, dust, and sometimes smells from this place. We recently found out that the developer traded some land with the recycling station to develope this subdivision, so he knew it wwas there. I'm really concerned it may hurt my resell value.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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You will have to disclose it, and if it had been disclosed to you you would have either not bought it or offered less, so you do have grounds to sue the seller and selling agents unless they can both prove knowing nothing about it.
...seller and selling agents unless they can both prove knowing nothing about it.
Actually, I think the OP will have to prove they knew about it, not them proving they didn't know, which from the discussion does not sound that difficult.
Is that on your property? Why should you be concerned about it? In some states the law requires to disclose everything about the neigborhood that is a problem. Is that such a big problem to you?
If that is a big problem - disclose. If this is not actually a problem, and it is none of your property, why would you disclose? They can make their own research about there whereabouts while viewing the property and vicinity. Disclosing is like telling anything bad that you once found out about your neighborhood. There was a guy shot in our alley another night. Should I disclose it? How about the buyer should find the crime report on the area? google has not been cancelled yet in the US.
...We recently found out that the developer traded some land with the recycling station to develope this subdivision, so he knew it wwas there. I'm really concerned it may hurt my resell value.
Are developers in your area required to file a public report about a new subdivision? They do here, and they must disclose in the report all facts about the location/area that may be of concern to buyers. They are legally required to give all buyers a copy, and they kept on file by the dept of real estate. A fact like a nearby recycling station would have to be in such a report. Sounds like your area does not have this requirement?
I really really dislike the conclusions that folks are jumping to here. In many states there is NO such requirement to disclose anything about adjacent property uses. Frankly I agree with that lack of requirement -- if a buyer cares about the vicinity it is THEIR duty to shop location!
In this specific instance what kind of lack of investigation had to happen for the buyer NOT to be aware of the recycling station? A walk? A drive? How far is this tree line? If it is too far to walk then it is probably too far to truly be a serious detriment to the value of the property...
My basic point is that the BUYER should have done all the investigation WELL BEFORE they even made an offer on this home. NIMBY is one thing, but this station existed prior to the owner buying! That is simply a lack of due diligence on their part.
I really really dislike the conclusions that folks are jumping to here. In many states there is NO such requirement to disclose anything about adjacent property uses. Frankly I agree with that lack of requirement -- if a buyer cares about the vicinity it is THEIR duty to shop location!
In this specific instance what kind of lack of investigation had to happen for the buyer NOT to be aware of the recycling station? A walk? A drive? How far is this tree line? If it is too far to walk then it is probably too far to truly be a serious detriment to the value of the property...
My basic point is that the BUYER should have done all the investigation WELL BEFORE they even made an offer on this home. NIMBY is one thing, but this station existed prior to the owner buying! That is simply a lack of due diligence on their part.
I couldn't agree more...why did the OP not investigate for themselves? I know if I were buying a property, I would do everything I could to research the surrounding area...including pulling satellite images (very easy on Google or Bing Maps), driving around at different times of day, walking the area and talking to neighbors.
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