Legal Question in Real Estate Law in Georgia
Non disclosure of proximity of home to hazerdous chemical plant
The proximity (less than 1/4 mile) of my hose to a chemical plant and toxin (Penta) spilling telephone pole manufacturing plant was not disclosed to me at the time of closing, and would have resulted in my not purchasing this house. Was the seller (a bank which had foreclosed on the house) legally obligated to tell me about this health hazard? Thank you.
3 Answers from Attorneys
Re: Non disclosure of proximity of home to hazerdous chemical plant
"The bank" is probably based far away from your property and probably no one from the "the bank" ever laid eyes on your property or the neighborhood. You are going to have a tough time proving "the bank" had any knowledge of the situation. However, if you want to pursues this, more facts will need to be investigated. Consult with a local attorney.
Re: Non disclosure of proximity of home to hazerdous chemical plant
If they knew about it, probably yes. Your difficulty will be proving they knew about it.
You should consult an attorney before taking action.
Re: Non disclosure of proximity of home to hazerdous chemical plant
Your question appears to assume that the plant is (and was) a real, present health hazzard to your home and health -- not merely an opinion that it MAY be. Then, the question is the Bank's actual knowledge. Further, if it is that close to your house, you would likely face questions about whether or not you should have known what was going on around the house you were going to purchase. One may expect the purchaser of a home to do more due diligence, and thus have more knowledge, than a bank that forecloses on the property.
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