Legal Question in Real Estate Law in Virginia

grounds for nondisclosure class action suit

we are one of about 12 homeowners who built million dollar homes in Occoquan Overlook in Lorton VA. We were told by the selling agent that there was a quarry located behind us but nothing about the size of strength of the weekly blasts. One couple was told it was like ''a door slamming''. The blasts shake chandeliers, move wall pictures, frighten pets and small animals and have guests in the home in a panic. We feel like we were had. Our homes were built by Craftmark whose trailer was on site right next to the blast areas for months so there's no way they didnt know about this. The other builder, NV homes, had their buyers sign off ona disclosure of the quarry note. We never signed anything. Is this pursuable by the owners?


Asked on 6/11/07, 8:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: grounds for nondisclosure class action suit

I would say no. In Virginia, there is no obligation on the part of a seller of real property to disclose defects to a prospective buyer unless the latter specifically asks the former specific questions about the alleged defect(s) which the seller must then answer truthfully(or risk being sued later for fraud and misrepresentation). However, unless the

buyers asks those specific questions about suspected defects, the seller is under no obligation to disclose them(no matter how material and serious they be).

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Answered on 6/11/07, 9:50 pm


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