Legal Question in Real Estate Law in Oregon

seller's duty to disclose

new to Oregon from Ohio, we purchased a home in Oregon City. We had a buyers agent. We asked our agent to look into the status of the farm behind house and to ask seller if they knew of plans of development. Agent answered back ''sellers have no knowledge'' and she conveyed a story of the ''nice farmer'' who's lived there all his life and has no plans to sell. During move in the neighbors asked how we felt about the proposed road going in along our back property line. The city had given notice to the sellers of this project in the works, the sellers attended public hearings. At one hearing the sellers were very upset over the proposed road and said ''our house will be on the market by friday'' They listed with their son. There are no signs on the land, no construction, the disclosure statement said nothing about the proposed road. This road, if it comes to fruition, would be 30 feet from nine pictures, there would be a total elimination of peaceful enjoyment. We would never had considered this home if we had been told of the proposed road. We have requested mediation through PMAR to work out something. The seller's attorney has sent me a threat letter if we don't stop the claim by 10/25 at noon, they will sue us for ''bad faith claim''


Asked on 10/19/07, 10:49 am

1 Answer from Attorneys
Lawrence Vergun The Vergun Law Firm

Re: seller's duty to disclose

It sounds like you might have a good case for non-disclosure, although I (or any attorney that you wish assist you) would need to look at the actual disclosure document itself. Often, a seller will try to avoid liability by arguing that the manner in which they responded to the form was technically correct.

I'm familiar with Oregon City (I used to live there and serve on the Planning Commission). These things happen quite a bit.

Sorry I can't give you a more precise response without looking at the documents -- however, I hope this information helps.

Best,

Larry

Lawrence M. Vergun

Attorney at Law

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Answered on 10/19/07, 11:32 am


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