Legal Question in Real Estate Law in Massachusetts
road widening
My husband and I have recently bought a home. We have just discovered that the road that the home is on is being widened in the future. We would not have bought the home or, put in a much lower offer if we had beeen made aware of this.
Should the realtor or other parties have informed us of this? We have paid for land that a decison had already been made about and we were not told prior to purchase.
Please advise.
Thanks you
2 Answers from Attorneys
Re: road widening
I don't think you have any recourse, unless the road expansion will cut into and take away some of your land. The seller and broker have duties to disclose things material to the value and purchase of the home and the land it sits on. I can't see why that would extend to the road.
Also, if you had researched publicly available information about the town and your particular neighborhood, you might well have learned that this project was planned and scheduled to take place.
Think of it like this: if the seller's duty extended to the road, then where does the extension beyond the borders of the property end? What next, a lawsuit because the hospital across town moves to a new building in a neighboring town, and you fear the long distance in the event of an emergency? Or the Stop& Shop closes, and you don't like to shop at Shaws?
If the seller knew the road expansion would impact the size/value of the land itself and failed to disclose that fact, then you might have had a claim (especially if the information was not publicly available). But absent a situation that situation, that's life.
Re: road widening
Unless you can demonstrate that the widening of the road had a material effect on the value of your land, you can't show damages.
Moreover, I do not think you have any real recourse against the broker or the seller. Widening of roads is public information, moreover, you are assuming that they had actual knowledge, which may not really be the case. As a practical matter you really have no recourse.