Bought house & owner nor agents told me about IMMINENT DOMAIN.

[Joshua Ocean]

hello everyone, i need your advice on this messy issue. any kind words would help greatly! 

i bought my house in warner robins, GA last september in 2021. the owner nor the agent told me nor my agent that the city had plans to widen the road and then half of my driveway and front lawn would be torn up. i told my agent that i would never have bought this house if i knew this was going to happen. I called the Law board and talked to an attorney in atlanta. He said that in Georgia sellers do not have to give a property disclosure and if i didnt get one, i would not have a case. Well guess what, i didnt get one. Another thing he said was the owner would have to have known about this construction. Well i called the city and recorded the lead engineer for the project and he looked back on the records and saw that county staff did talk to the owner before i bought the house. I am not getting any money from the city because they are saying that it is city property up to the point where they will be doing to work. Immenent domain. I am losing so much property and money from this project. PLEASE HELP!

[Tom Gimer]

Be careful who you listen to, @Joshua Ocean.

Sounds like a material fact was known by the seller but not disclosed. The state disclosure form in section 1. Title actually includes this line item -- "F. Is there any study, survey project, or notice that would adversely affect the property?" The attorney is correct in that sellers are not required to provide a disclosure form, but they are required to disclose known material defects.

By including this as a specific line item on the state form, it appears the state views knowledge by a seller of a plan to widen the bed of a road as material, requiring disclosure. It's clearly material to YOU if you would not have purchased the property had you been made aware of it. Non-disclosure of a material fact could lead to seller liability. 

IMO, any claim would be against the seller alone. I would consult with a DIFFERENT local real estate attorney for a second opinion.