What Recourse Do I Have If a Property Was Closed Without My Knowledge?

Question from VIV, What Recourse Do I Have If a Property Was Closed Without My Knowledge?

Answer from AI:

If you find yourself in a situation where a real estate attorney closed on a property without your knowledge, and you later discover that the property has high levels of contamination and toxic vapors, and the drinking water is non-potable, you may have several legal options to consider. Here are some general steps and considerations:

Review the Closing Documents

• Examine all the closing documents to understand the terms of the sale and any representations or warranties made about the property’s condition.
• Check if there was a requirement for your signature or consent that was overlooked or forged.

Investigate the Contamination

• Gather evidence of the contamination, including environmental reports, inspections, or assessments that detail the extent of the toxic vapors and water quality issues.
• Determine when the contamination occurred and whether the seller or any other parties were aware of it before the closing.

Consult with a Real Estate Attorney

• Seek legal advice from a real estate attorney who can provide personalized guidance based on the specifics of your case.
• An attorney can help you understand your rights and the potential for rescinding the sale, suing for damages, or other legal remedies.

Potential Legal Claims

• Fraud or Misrepresentation: If the seller or their agent knowingly withheld information about the property’s condition, you might have a claim for fraud.
• Breach of Contract: If the terms of the sale contract were not followed, this could constitute a breach of contract.
• Professional Negligence: If the attorney acted without your knowledge or against your interests, you might have a claim for professional negligence or malpractice.

Regulatory Agencies and Environmental Laws

• Contact relevant environmental regulatory agencies for guidance on dealing with the contamination and potential health risks.
• Understand your obligations and rights under federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Safe Drinking Water Act.

Remediation and Cleanup

• Explore options for remediation and cleanup of the property, which may involve significant expense.
• Investigate whether there are any government-funded cleanup programs or legal avenues to recover cleanup costs from responsible parties.

Insurance Claims

• Review your insurance policies to see if they provide coverage for environmental contamination or legal disputes related to property transactions.

Document Everything

• Keep detailed records of all communications, reports, and expenses related to the issue.

Conclusion

Dealing with a property transaction that was completed without your knowledge, especially one involving environmental hazards, can be complex and requires professional legal assistance. It is crucial to act promptly to protect your rights and seek appropriate remedies. While this information provides a general overview, it is not a substitute for personalized legal advice. If you are facing such a situation, consult with a qualified real estate attorney as soon as possible.

For more information on environmental laws and regulations, you can visit the U.S. Environmental Protection Agency.