property condition disclosure statements

Trio of NJ Cases Are Cautionary Tales For Home Heating Oil Tanks

NJ Spill Act, Underground Storage Tanks / By

We have previously discussed the risks posed by residential heating oil tanks in a number of posts covering cases in New York , New Jersey , Oregon, Washington, Mass and Canada. Three recent cases in New Jerseyall involve claims of inadequate disclosure of heating oil illustrate. In Dalton v Shanna Lynn Corp., 2012 N.J. Super. Unpub. LEXIS 874 (App. Div. 4/19/12) […]

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Appeals Court Reverses Judgment For Seller Who Failed To Disclose Wetlands on Disclosure Form

Disclosure of Environmental Liabilities, wetlands / By

We have reviewed several cases where sellers have been held liable for failing to adequately disclose environmental conditions in mandated property condition reports even where the property is sold “as is”. Another example is Wise v. Hays, 943 N.E.2d 835 (Ind. Ct. App. 2011), a state appeals court reversed a grant of summary judgment  in

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