We received an e-mail recently from somebody at Western North Carolina Landslide Confidential and thought we’d pass it along.
The Web site aims to warn people about the serious dangerous of landslides in the mountains, and of building on ever steeper slopes. Anyone who was around a few years ago saw firsthand the devastating effects of the hurricanes that blew through or mountains in 2004. (Remember Peeks Creek.) And as we watch the continued development of our mountains, we see developers going up and up to build where there’s a view.
That all can come at a price, the folks at WNC Landslide Confidential warn. The group is pushing for changes that would require realtors to full disclose all potential risks inherent on a piece of mountain property.
From the e-mail:
Western North Carolina Realtors are currently marketing and selling this “unmapped” and potentially unsafe slope property to buyers who have no knowledge of the personal and financial risks. Investors receive no fair warning either in advertising or sales contracts that slope failures are an ever present threat to real estate values. Unless Realtors are legally compelled to disclose these significant risks, landslides will remain a well protected industry secret.
Anti-fraud statutes are clear. It is illegal to profit by schemes or tricks, by issuing untrue statements, by failing to disclose material facts, or by participating in deceitful and fraudulent business practices.
What isn’t clear is why the Western North Carolina real estate industry is allowed to conceal material facts from their clients. How can Realtors offer and sell hazardous land as a “no risk” investment? This legal question can only be answered by Roy Cooper, Attorney General of North Carolina.
Go to wncsos.com for more info.
1 Comment
From a group who truly wants to make a difference protecting our mountains I am concerned about your misinformed generalization of agency and the rights of buyers and sellers in general. Real estate agents are not engineers, nor are they inspectors, nor are they lawyers so how would you like them to know whether a piece of property is safe or not? Agents are held to high standards when it comes to disclosing material facts. If they are told that a mountain side is dangerous (BY A PROFESSIONAL) they would have to pass along the information to all parties or they could lose their license.
However, how would you like to see something that is quote ‘potentially’ dangerous deemed safe or not? Who decides, at whose cost, and ultimately will it take away the rights of buyers and sellers to do business on their own terms?
Are you willing to take the rights of buyers and sellers away from them? If they can’t afford to get a house plan (are they planning to build now or hold for years) then get a structurally engineer does a land owner not have the right to sell or buy land?
Buyers have the right to survey, perk the property and any other due diligence before they buy a property, however you cannot FORCE them to do so. Perhaps you should rethink your strategy on who to attack.
I personally have always been for protecting our environment, progressive change and protecting the rights of the individual. Then some groups start demanding things that are not rational or direct their negative energy on something that only hurts their cause to produce change that’s when I walk away. It’s too bad you guys didn’t think out your statement or consult with someone who understands law. Start mirroring your organization after one that has been successful, like moveon.org or Southern Poverty Law Center
If you continue to attack a profession with many honest professionals I will have to stop supporting your group, not your cause.
Please check out some other amazing organizations who work with business, land owners and environmentalist to protect what we hold so dear: our mountains. For example check out blueridgeforever.info