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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34896
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband and I put a $10,000 deposit on a new home, to be

Customer Question

Hi,My husband and I put a $10,000 deposit on a new home, to be built in Feb. 2017, in Arvada, CO. We signed the contract Friday Oct. 7th. We found out while looking at other model homes in the area that Sunday, that there is a planned toll road that will go through the middle of Leyden Rock community. This was not disclosed to us prior to signing the contract. Rocky Flats-was a former Nuclear Weapons Plant just 1/2 mile away from Leyden Rock, also not disclosed to us. I found out this info. by learning about the concerns of building the toll road. I e-mailed the saleswoman this morning of these big issues having not been disclosed to us prior to signing the contract. The sales woman said she would talk to her boss and get back with me. My husband and I went to the sales office today, Oct 11, 2016 at 4:30pm and she told us that her boss said we would not get back our deposit. " The toll road is just a proposal and she did not have to disclose that to us", she said. Do we have any recourse?Denise
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 4 months ago.

Unfortunately, the realtor or seller only has to disclose issues that directly affect the actual property, not conditions in the neighborhood or the general area that may or may not happen.. If there is something unpleasant in the neighborhood or the community that is publicly known, it is the buyer's duty to investigate prior to purchasing to makes sure that this is an area that they want to be in.

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Since a nuclear weapons plant is clearly public knowledge, that is something that could be easily discovered by the buyer doing their due diligence, much like when buyers research the schools, how close hospitals are, crime rates, whether there is a garbage dump nearby, etc.

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As for the toll road, that is also a public project that is also easily discoverable and in this situation, it is not being constructed, it is just planned, which means that it might never be built

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So I hate to say it, but those items wouldn't give you legal grounds to terminate the contract because these things aren't items that directly affect the house, like a basement leak or a foundation problem..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 4 months ago.
Thank you.
Expert:  Barrister replied 4 months ago.

You are very welcome. Happy to help any time, even it if the news was pretty lousy.

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I am sorry the news isn't better..

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All the best to you and yours

Barrister

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