Q: Blasting within 1.5 miles of home- in disclosure?
If there is a cement plant that blasts over 100 times per year (effectively twice a week) exactly 1.5 miles from a home, should that be included in a real estate disclosure?
This is a noise concern but the blasting creates large amount so of dust (I'm not sure how far that spreads). The plant also emits mercury into the air.
A: A seller has a duty under Maine law to disclose "any known defects." The question is would this cover the blasting. A seller has a duty under Maine law also to disclose "the presence or prior removal of hazardous materials or elements on the residential real property . . . ." The question is would this cover the dust and/or emission of mercury. I think most real estate agents would answer both questions with a "no," but reasonable minds could differ.
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