QUESTION
can i do any thing about finding 300 plus tires on a property im trying to buy thats under contingency?
Asked on Jan 25th, 2013 on Real Estate - South Carolina
More details to this question:
i am buying a one acre residential lot in the country. i looked over as much of the lot as i could and it looked great. the realitor told me that it was in perfect condition and it had never been used for a trash or tire dump. i signed a contract on the property through my realitor, with a contingency that depended on the perk test and the corner pins being uncovered.early this morning i went out ot the property to see if they had uncovered the pins, they hadnt, so i tried once more to locate them my self. i had my thick overalls on today so i was able to walk through the thicker brush that i havent been able to walk through yet. to my surprise, i found 300+ tires, that had been dumped for years, in a small old creek bed. it's deffantly on my property and there is no way the realitor couldnt have known about it. its still under contingency and i obviously havent paid for it yet, except for a $500 down payment that might be nonrefundable, please help me. what can i do? what should i do?
1 ANSWER
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Barbara L. Franklin, Esq. Attorney at Law
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Without reading the contract, I would advise you to talk to the realtor about either cancelling the sale, rescinding the contract, or requiring the seller remove the tires at his cost. If you are past the date to raise issues regarding the inspection, you should be able to rely on the inadequate disclosure that was given you to rescind the contract. Make sure that you thoroughly document the location of the tires with respect to the boundaries, take pictures, and possibly even have an evaluation done by a hazardous materials expert. Put everything in writing. Of course, you should seek an attorney's advice regarding this issue since the contract was not make available to view. Some states have very strict disclosure laws that may make your task easier.
Answered on Jan 25th, 2013 at 10:46 PM