Legal Question in Real Estate Law in California

Does a homeowner who lives less than a mile from a hazerdous chemical plant With many cancer causing carcinogens That have been proven. By prop 65 Cancer risk and neurologicall. Disorders and birth defects have to disclose this information to there realtor and to. New home buyers considering purchasing there house close to a hazerdous. Chemicall plant that. Has arsenic. Camdium Butedene poisons going into the ambient air?


Asked on 8/02/15, 9:29 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't think "Prop.65" proved anything, in and of itself. However, I would certainly disclose the existence of the chemical plant and advise would-be buyers to make their own investigation. I'd be cautious about going into detail about the chemicals emitted and their possible health consequences. As a seller, you're supposed to disclose what you know, not to pose as a hazardous-materials expert.

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Answered on 8/02/15, 9:42 pm
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

If you are worried about potential chemical effects from a neighboring plant, you may want to consider purchasing a home somewhere else. If you are the seller, you need to make the required disclosures. Your real estate agent should be able to help you with that.

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Answered on 8/03/15, 8:24 am


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