We are selling our house knowing that, on the adjacent parcel of land adjoining our subdivision, there is a proposed oil drilling operation. No dirt has been moved yet, and there is pressure being placed on the oil and gas commission to make the drillers move their site to a more appropriate location. I want to disclose what is happening without alarming the buyer. How is the best way to handle this due diligence problem?
Disclosure is a good idea, as in CO you have a duty to disclose any "known material defect." This potential drilling site next door could be construed as a material defect as it would effect the price a buyer is willing to pay.
How to disclose, I recommend disclosing of the possibility then producing as much documentation as possible that the Commission may make the driller move to a more appropriate location.
Good luck!
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.