Disclosure with regards to lot conditions

Does a real estate agent or developer have to disclose knowledge of soil issues on adjacent lots to the one you are purchasing? For example the lot to the left hit a huge amount of rock and the lot to the right had poor soil conditions requiring Piers in the foundation. Would he/she have to disclose that information?

Asked on October 10, 2017 under Real Estate Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, any disclosore obligation is not on the real estate agent, but rather on the seller (or developer). So anything that must be disclosed must be disclosed by that person, and a failure to disclose something that had to be disclosed can provide grounds (fraud; a misrepresentation) to get out of the transaction (i.e. get out of the sale) and/or seek monetary compensation.
Second, only conditions on THAT property must be disclosed: adjacent properties, even if owned/being sold by the same person are not relevant. So if there are soil conditions on the property in question, they must be disclosed; but if that propery's soil is ok, there is no need to disclose what is going on with neighboring properties.

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