Legal Question in Real Estate Law in Kansas
Auctioneer Disclosure Responsibilities
I just purchased 5 acres of country property we planned to build a house on. This land was bid on on October 15 and was closed on on October 31. Within the last two weeks we were notified that a farmer less than a mile south of us has filed for a permit to establish a corporate hog farm. We were also advised that this fact was know by several people at the auction and that the farmer had actually visited with several neighbors about this issue during the summer. We have also verified that the farmer's application to the State for this farm was submitted in mid September although the formal "public notice announcement" was not sent by the State until Dec. 8.
Obviously, if this farm goes in, the property is no longer worth the significant premium we paid for it. My question is, "Do we have any recource against the auctioneer or any other party (the farmer...) for failing to discover or disclose that these plans were in place?"
1 Answer from Attorneys
Most states have laws requiring
seller disclosure of that very kind of info.The hog farm is a classic law school example.
You need to hire a local attorney to help you.