All Forum Posts by: Joshua Ocean

If I am the Seller and I know the City is widening the road, I look at my required disclosures. They are typically related to my property and my actual knowledge. Using widening a road as an example, my answer is no to most legally required disclosures. No studies have been done on my property, no part of my property is being affected, and I am not aware of adverse impacts (now, if the City were building a nuclear reactor or a moon rocket launch in their right of way abutting my property, I would maybe think twice before answering no). Roads get widened, overpasses get built, tunnels get dug, municipalities give plenty of public notice. It is not on the seller or the title company to disclose municipal projects that have nothing to do with my property. It is in the right of way, someone else’s property. If I know my neighbor is building a 10 foot concrete fence with an ugly finish next year, do I or the title company have to disclose that?

These are common municipal projects that are publicly known for months if not years before they commence. Most affected property owners will know. Most buyers familiar with the area will also know. By the time a property hits the market for sale (and certainly well before the project commences), its market value will have already been adjusted to account for project impacts by the market itself. Maybe that is why it felt like a “good deal”.

There is a point where “right of way risks” are common sense not requiring additional legal disclosures.

Always always always call and ask your city or municipality about utility balances and any pending actions. 

People get so far behind all the representatations of agents et al they don't add a couple phone calls to their basic DD.

Always always always call and ask your city or municipality about utility balances and any pending actions. 

People get so far behind all the representatations of agents et al they don't add a couple phone calls to their basic DD.

All buyers need to do their due diligence. There is so much at risk. I even call the city and ask about open permits and property history. Maybe your realtor should have advised you better, maybe not. A new Realtor might not even know about some of the pitfalls. Ultimately it falls on the end buyer (you) to do all the research necessary.

It's like buying a car without having a Mechanic go over it and getting a Carfax Report.....you're taking a chance....

The city/state/responsible agency reached out to the prior owner and expressly advised that they were planning to take a portion of what was currently being used as front lawn and driveway (and perhaps more, fence? walkway? steps? landscaped area?) and widen the road into that area. 

Why would they do that? Hmm. Because the plans affect the subject property. Why did the seller not tell the buyer about this? Because the seller would still own the subject property and it would be worth less, perhaps significantly less.