If a rock quarry will be built 2 to 4 miles from my home in approximately 2 years, do I have to disclose this when selling my home?

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If a rock quarry will be built 2 to 4 miles from my home in approximately 2 years, do I have to disclose this when selling my home?

Pending any legal action that will delay construction, a quarry will be built 4 miles

away. I’m not sure how close final operations will be, estimates are 2 miles and in about 2 years. If we sell do I have to disclose this legally?

Asked on September 17, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you know of this, then yes, you do need to disclose: this is an item that clearly has a material (significant) effect on the value, desirability, use, etc. of the home, and to fail to disclose a known impact on  value, etc. can be to commit fraud and therefore expose yourself to liability. If you did not know, you'd be under no duty to investigage; but since you do know, you have to disclose or risk liability later.


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