Property Sales Disclosure Statement - Soil Contamination
I live in Michigan. The transfer of residential property in the State of Michigan must comply with the Seller Discloser Act, Act 92 of 1993. The Seller Discloser Act requires the seller to complete a Seller’s Disclosure Statement. On Page 4 of the Seller Discloser Act under the heading ‘Property conditions, improvements & additional information’ is the following statement:
10. Environmental Problems: Are you aware of any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, radon gas, formaldehyde, lead based paint, fuel or chemical storage tanks and contaminated soil on the property.
In August of 2011, the United States Environmental Protection Agency (“EPA”) issued a Stop Sale, Use, and Removal Order to DuPont for its Imprelis product. The EPA has banned the sale and use of Imprelis.
Should Imprelis contaminated soil be listed as ‘contaminated soil’? Even if the Imprelis dilutes over time, the tree roots retain higher concentration of Imprelis longer than the soil.
Has anyone encountered having to disclose Imprelis as a contaminated soil?
Last edited by ImpDamage; 09-22-2013 at 11:54 AM.