Legal Question in Real Estate Law in Idaho

Dangerous chemicals across the street

I purchased a condo appr. 6 months ago. After talking with some people interested in another condo in my building, I found out information I had never heard before....There is a large piece of property right across the street which houses alot of poles. Come to find out this property used to be a telephone pole yard. They would put a chemical called PENTA on the poles. It was closed a few years ago because of the danger of this chemical. The property owner cleaned up the property and it is now approved for Commercial building when sold. The governing body says it is deemed safe. I feel that I should have been told about all this. I have 3 small children, and I don't want property with even a miniscule amount of DANGER.Is there any way to get out of this property?


Asked on 4/08/03, 6:51 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Dangerous chemicals across the street

If you bought the home from a private party you probably have no right to do so. If you bought it through a realtor whom you hired, they are required to tell you about the problem. If the seller used a realtor, he is required to disclose this fact. If you have a contract, the seller's realtor could be liable to you for all your costs and attorney's fees necessary to get out of the sale. the seller has probably violated your real estate purchase and sale agreement which usually require that certain things like this be disclosed.

However, if the property is clean and complies with any state and/or federal guidelines regarding the amount of such compound in the ground, you probably have no right to seek rescission of the agreement.

I give a half hour free consulatation, and I would have to read the contract and see the report by the examiner of the property's to determine whether anyone else might be liable or you can get out of the contract. my teleph # is 208-345-3817.

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Answered on 4/09/03, 1:19 pm


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