When to DISCLOSE a "Smelly" site? NORTH LAS VEGAS- Beazer Homes Sued over Pig Farm
This is an interesting article in the Las Vegas Sun
NLV homebuyers sue builder over pig farm odors
This is the same pig farm that has been a feature of "Dirty Jobs" TV show. R.C. Farms, Inc., is a pig farm that has been in North Las Vegas since 1963 and in recent years there has been a lot of talk and complaints....but.....His farm has been there since 1963.
Usually, when you get within a mile of the farm or, if you are driving in the area for any length of time.....You know it! There has been so much controversy over this farm and yes, I would not want to live to close as the smell is just too much,,,but it still goes back to the fact that the farm has been there since 1963.
Buyers of a North Las Vegas home are suing a home builder, charging the company failed to disclose the presence of an area pig farm that is generating odors the homeowners say are unbearable.
They say in the suit that under Beazer's development agreement with the city of North Las Vegas, it was required to obtain signed releases from prospective homeowners acknowledging the existence of the R.C. Farms pig farm and that the housing development may be subjected to odors from the farm.
But the Riccis say Beazer didn't provide the required information about the farm and after they moved in and noticed the odor, they asked the Beazer sales person who sold them the home about the issue.
The sales person denied any duty to disclose the presence of the farm, reasoning it was too far away from the home to necessitate disclosure, the lawsuit says.
Disclose, Disclose, Disclose.... we are always told this, but, "Directions calculated by mapquest.com indicate the farm is a 1.7-mile drive from the home"... so at what point will it be determined that a radius or distance of "X" amount of miles from a site that emits a "Smell", be it a pig farm, chicken farm or something else would make it necessary to disclose?
Being from the south I've been around a lot of different type of farms and usually when you are within a half a mile of some farms,,,,you know it. We almost bought a home in Florida that was over 2 miles from a chicken farm....didn't know it on the 1st visit or the 2nd...but geez one more trip by the place and we knew it...Took a bit of driving around to locate the "source", but it definitely changed our minds about the place. Ok, maybe most buyers don't drive the area and go by 3 times,,,,Maybe you should! Just like the suggestion I make to buyers to drive the neighborhood after dark on Fri/Sat nights. It may not always be a guarantee of what an area is like, but sometimes it is. And, contrary to what buyers may think,,,,,your real estate agent doesn't know everything about every neighborhood,,,at least that is my opinion. We may become an "expert" on an area, but there are always things we may not know....(ok hope I don't get blasted by other agents for that)
I know on a windy day (which happens all the time here) I have been in North Las Vegas near Alianta and I knew the smell in the air most likely was from the farm, could I prove it, not likely. So, if someone is buying in North Las Vegas anyplace East of Alianta, I now may need to say, "hey, do you know about the farm a few miles away,,no? well there is,,just so you know,, on a windy day you may notice a "smell",,,etc,,,, (or do I?) maybe I need to consider a written disclosure on it now.....Maybe, I could print out this blog and have them sign it as "disclosure"..LOL...
It will be interesting to hear the outcome.
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