Q: Developer disclosure responsibility for nearby water treatment facility
I moved into a newly built home in an already established neighborhood, only to discover several months later that it is across the street from a water treatment facility, which causes a bad smell. The developer did not disclose this information when I purchased the house, and there was no mention of it in the agreement. I haven't contacted the developer about this issue yet. Additionally, I'm unsure about who is responsible for ensuring compliance with local ordinances regarding disclosures in real estate transactions.
A:
Your question is unclear as to whether you could have seen or discovered this issue before you purchased the home. If you could see this facility, it would be up to you to investigate whether you might want to purchase a home with a location near a facility.
Even if you could not see the facility, it is doubtful that your seller would have a duty to disclose the presence of the facility. The seller is usually liable for defects in the property being sold. You state that this property is in an established neighborhood. Advising you regarding this facility would be similar to failing to advise you if the schools in the area are substandard.
You should have done your homework. If you had a real estate agent advising you, perhaps you should discuss this with them as to why you were not made aware of this situation.
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