Is the seller of Real Estate required to disclose major construction project directly across the street?
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Is the seller of Real Estate required to disclose major construction project directly across the street?
We purchased a home in which the seller did not disclose the construction of a
large college dormitory directly across the street, Three home are being
demolished and the dorm will be construted on that site.
Thank You
Asked on May 12, 2017 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The seller does not have to affirmatively (that is, without being asked) disclose facts about goings on or plans or developments in the neighborhood or community: they only need to disclose in regards to their specific property. Therefore, they did not have an obligation to disclose this. What they could not do is actively lie or misrepresent: while they do not need to affirmatively disclose this, if you had asked them about, say, whether there was any construction or development going in the neighborhood, if they were aware of it but lied, that would be be fraud and could entitle you to compensation. But again, that's only if you asked and they lied; they did not need to volunteer the information.
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