Would / should this have been in the disclosure statement and what recourse do I have, if any?

UPDATED: Oct 1, 2022

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Would / should this have been in the disclosure statement and what recourse do I have, if any?

I just had a quarry shutdown / takeover about 1/4 mile of my road, beginning from my property line down to the farmhouse at the next street. Apparently, they own all of the farmland between my house and the other house along that 1/4 mile stretch and are looking to expand their mining operations across the street into that land. I was unaware that the quarry owned this land before buying my house in Oct 2015. This was a foreclosure when I bought it. This is also my first house. I’d really like to not be stuck with this place forever without taking a wash selling it, I have to imagine my property value will take a nose dive as soon as the quarry starts mining the land next to my house. If I look through the disclosure statements in my mortgage docs and don’t find any mention of this do I have any legal recourse against the seller / real estate office? Thank you in advance for any advice.

Asked on February 11, 2019 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you do not have any legal recourse. A seller is only required to disclose physical conditions on the property they are selling: e.g. flooding, leaks, septic issues, contamination, terminates, etc. They are under no obligation to disclose anything off the property, such as a nearby quarry. Since they had not obligation to disclose, there is no recourse for them not disclosing it.

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.

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