If aneighbor had a building collapse due to a mine shaft, should this had been disclosed to us when we purchased our home?

UPDATED: Jun 11, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 11, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If aneighbor had a building collapse due to a mine shaft, should this had been disclosed to us when we purchased our home?

We recently bought this home and after moving in found out our neighbor had a building fall into a mine shaft 200 ft away. It took 27 truck loads of cement to fill and no water was pumped out. Now we have grayish water with black specks in it. My wife did have white wash clothes. This has happened in less than 30 days.

Asked on June 11, 2011 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's not 100% clear that it needed to be revealed, but here are the criteria typically affecting it:

1) First, did the seller of the home know about the collapse? If he did not, then he had no obligation to disclose; you can't be required to disclose that which you don't know.

2) Even if he knew there was a collapse, if the seller thought that it either had never affected his property (since you are  not required to report that which happens in your neighborhood, if it does not affect you) or that it had been completely remediated, so there was no problem (you don't need to disclose many things that are taken care of), he probably had no duty to disclose.

3) The scenario where there would be a clear cut duty to disclose is where the seller knew there was an ongoing problem affecting health, safety, resale value, etc.--e.g. contaminated water--and did not disclose it.

It is probably worth consulting with a real estate attorney, who can evaluate the circumstances and advise you as to your likely recourse. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption