Legal Question in Real Estate Law in Pennsylvania
Recreational Property
We purchased a cabin for recreational use. We have just found out that a proposed landfill is waiting for approval to be constructed. This will be adjacent to our property and the common land that is in the covenants for recreational use by the landowners.
The seller nor the seller's agent disclosed this information to us. Do we have any recourse?
2 Answers from Attorneys
Re: Recreational Property
You asked about being sold property adjacent to a proposed landfill.
Unfortunately you likely have no claim. Even is the seller and seller's agent knew of the impending use, they had no duty to disclose that information. That information may impact the actual enjoyment of your property, and even the value of the property, but it did not go to an actual defect in the property.
Even if had made a specific request about any pending uses of adjoining land, they had no duty to tell you. They could not have lied, but they need not disclose anything.
With most transactions, the onus is on the purchaser to do his own due diligence before making an offer. Once an offer is made and accepted the sale has generally taken place, and unless there are agreed conditions regarding the sale then the closing or transfer date is merely the formal transfer of the purchase in exchange for the purchase price.
Regards,
Roger
Re: Recreational Property
Roger made valid comments, but, as with mot situations, it depends. WHEN did you buy, what representations, if any, were made, did you have a disclosure agreement, if so, what did it ask for, did the seller know, did the realtors know, should you have known, etc., etc., etc. You have to get ALL the information available and go to an attorney to get a good answer. Caveat emptor (buyer beware!).