Ground cover(up): real estate brokers face higher duty to disclose environmental hazards

Article Abstract:

State and industry disclosure requirements for real estate brokers are increasing and exposing the brokers to greater potential liability for damages. Some federal agencies are also issuing new rules on disclosure of potential environmental hazards. However, the states do not yet have consistent laws: most require brokers to disclose currently known facts, while others require disclosure of any relevant facts the broker 'should have known' and a few require reasonable inspections by the brokers or their agents.

Real estate agents and managers, Real Estate Agents & Brokers, Offices of Real Estate Agents and Brokers, Analysis, Real estate, Environmental aspects, Liability for environmental damages, Real property

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Seller beware; burden of disclosing defects shifting to sellers

Article Abstract:

Seller disclosure legislation is of interest to legislatures nationwide. Some states require sellers to disclose all property defects they have knowledge of, others require disclosure on certain environmental matters such as underground storage tanks. Most disclosure regulations are limited to residential real estate of four units or less. Six state legislatures saw the introduction of seller disclosure bills in 1991. Some critics of legislating disclosure fear that it leaves sellers with undue liability.

Liability for condition and use of land

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Disclosing birth secrets; more states allow adoptive parents' suits when agencies lie

Article Abstract:

Montana joined the states recognizing wrongful adoption as a tort when state and private agencies concealed family medical histories and other relevant information from adoptive parents. Later cases in Montana and other state appeals courts heard suits on negligence theories, while earlier ones required fraud or other intentional deception as bases for an action.

Cases, Montana, Adoption

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