Special offer

Material Facts - where are they?

By
Real Estate Agent with RE/MAX Signature Properties

We all know we have to know the product we sell.  We also have to love the product we sell in order to be successful.  There is a neighborhood down the road that is behind a school.  Is it my favorite neighborhood? no.  Are the values doing well? yes.  Is it a nice location? yes  On up the road from the neighborhood is a landfill.  Not right next door but on up the road three quarters of a mile or so.  The landfill has been there since 1993 and is visable from the road no matter which end of the road you come in on. My question is how far out is that a material fact?  

There are two nice neighborhoods directly across the street from the landfill.  They have not suffered in property values at all!  In fact both neighborhoods have new construction phases going on in them and they are well established neighborhoods.  There is also a new neighborhood being built in front of the landfill (directly under the high tension lines) and is flourishing!

I ask this question because I had a client who got upset that she is "right next to the dump."  Long story, short.  She is finding another home but I am not sure where this falls with regards to liability.  Now I am curious.  My client had five properties (including two fully treed buffer zones) between her home and the property owned by the landfill company.  That property owned by the landfill company was attached to the property being currently used for the landfill but was newly acquired acreage.  The new acreage wasn't expected to be worked into the landfill for another five to ten years.  As well, much of the newly acquired land was intended as buffer for the active portion of the landfill.  It was unusable due to water flowing through it.  Before she signed any contracts we quizzed the on site agent at length regarding the lands around the neighborhood.  He insisted it was all privately owned. And didn't know of any plans for any of it and couldn't make any promises.  

I have since heard from another agent that she had a client get out of a new construction contract over two miles away from the landfill.  They were even made aware of the location of the landfill beforehand and later changed their minds anyway!

I don't want to misrepresent any of my clients but how far out do we go? We also have a speedway in Concord.  Lowes Motor Speedway, you may have heard of it.  Now, a motor speedway is loud!!  I live in Harrisburg around six miles away and I hear the track twice a year during the races.  I disclose the track to all clients by driving by and having discussions about race weeks, noise, and traffic.

When i checked with the NC licensing board for some more definitive answers about material facts I couldn't get much.  If something isn't an environmental hazard and it isn't adverse to the property (failing property values, etc.) then there isn't a material fact. I have always disclosed the landfill to the neighborhoods across the street from it but do I really need to go out a three mile radius?  Five mile radius?  Any ideas?

 

 

 

 

 

Comments (3)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Sounds like you are a very conciencious agent. 

As far as disclosure of "material facts" is concerned, I believe it depends on whom you represent.

As a buyer's agent, I know of a property or location.  If the buyer wants more, they can visit the local zoning office to see what is planned.  I do provide my buyer clients with a copy of the most recent Master Plan of the area to give them the official planning for that area.  Again, they can visit the planning departments of any municipality for more detailed information.  We also obtain written disclosures about property condition and if there are any material defects, would expect that they would be repaired or the property would be discounted to compensate a buyer for material defects. 

As a seller's agent, I would follow the board and state requirements for disclosure of existing or planned properties that would affect property value, such as landfills or airports, etc.  Disclose what you know and what you should know.  Sellers should make repairs to rather than try to hide property defects.  If defects aren't disclosed, the home inspection will probably find them anyway and the seller is either going to fix or find a new buyer anyway. 

As for going half mile or more away from a property, let the buyer decide what's important.  Agents can't be responsible for the existance or proximity of homes to unnactrative municipal installations like the city dump.

One of the most successful communities in Bowie, Maryland backed up to the dump/landfill.  The homes sold new anyway.  The stench in August was powerful and I didn't want to show homes that were close to the dump.  Still don't.  But, the homes sell because they are discounted because of the location.  

The market rules.

Good post. 

Lenn 

 

Dec 24, 2006 12:43 AM
Virginia Halter
RE/MAX Signature Properties - Harrisburg, NC
ABR, CDPE, CRS, GREEN, SFR, SRES
Thanks Lenn - We don't have disclosure statements on new construction.  That is why we quizzed the on site agent.  My client seemed fine.  I did visit every iisitng on the market in the area and the landfill was not disclosed which did surprise me.  I may start giving the planning and zoning phone number, web info, and email addres to my clients as part of regular business so I do have a back up for more information if they are more high maintainence.

Thanks!!
Dec 24, 2006 12:58 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

One of our counties, Montgomery County, in Maryland has a 5 page disclosure that must be completed by the seller wit disclosure about everyting anyone would want to know.  I also get the master plan disclosure from Pak and Planning for my buyers and if the buyers actually go to Park and Planning to see the subdivision plat, it removes any liability for me. 

This isn't really a matter of disclosure, information, zoning, highway planning, etc.  The only reason I go to such extremes and I'll admit I go to extremes with disclosure is for risk reduction. 

Know your market, disclose everything you know and, if you have buyers buying in areas of high development, take them to the county.  It's all about risk reduction.

If I have a $1,000,000 plus buyer, I get the county master plan to them before looking at a house.

Lenn

Dec 24, 2006 05:14 AM