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  #391  
Old 06-29-2012, 10:11 AM
Starbuy Starbuy is offline
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Join Date: Dec 2011
Location: Summit County, Ohio
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Bombshell from my arborist about toxin disclosure requirement

The arborist who recently evaluated my property told me something startling and something all of us should be aware of before settling with DuPont. He said property owners who have Imprelis damage and who want to sell their property in coming years may be legally required to disclose to a buyer about the toxin in the soil. This is something the attorneys will need to make sure we are compensated for in any settlement with DuPont for obvious reasons; it may hinder us from selling the property or at the very least cause us to have to lower the price of the property.

Some of what is below was copied from a real estate law site:

In most states where disclosures are mandatory, such as Ohio, sellers are required to disclose material facts about the property for sale - that is, anything that could affect the sale price or influence a buyer's decision to purchase a home. Ask yourself if you'd want to have the information if you were the buyer. If the answer is yes, then disclose. It could save you a lot of trouble down the line.

There are some defects that should always be disclosed:

o Plumbing and sewage issues;
o Water leakage of any type, including in basements;
o Termites or other insect infestations;
o Roof defects;
o Heating or air conditioning system issues;
o Property drainage problems;
o Foundation instabilities or cracks;
o Problems with title to the property; and
o Issues with neighbors that aren't obvious.
o Toxins

Structural defects are one thing; toxic materials in the house or on the property are another. Federal law requires sellers to disclose all known lead based paint and hazards in the house - which may include lead pipes or repairs to pipes - and give buyers a ten day opportunity to test the house for lead. State laws may require sellers to make disclosure about other toxic materials. Herbicides are a toxin to plant life. A long lasting herbicide could potentially hinder the buyer from be able to plant or re-landscape. DuPont’s Imprelis is a long-acting herbicide.

What happens if seller fails to disclose?
A seller who doesn't disclose known defects can be sued by the buyer after the defect has been discovered. The seller may then be responsible for the costs of repairs and other damages resulting from the undisclosed defect. A seller may even be ordered to take the property back if a judge rescinds, or invalidates, the sale. These kinds of lawsuits can turn out to be very expensive -- a seller can be held responsible for the buyer's attorney's fees, and if there is fraud involved a seller may even have to pay punitive damages to the buyer.

You see why some of us have left DuPont’s resolution process and retained legal counsel? This is just another very important reason. Many have already suffered property devaluation from the economy, then from their landscape damage and now may face this disclosure if they ever try to sell their home.
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  #392  
Old 06-29-2012, 07:16 PM
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cindyb cindyb is offline
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I figured that from the first. I'm watching for the health issues to surface, something else they want to be released from.
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  #393  
Old 06-29-2012, 08:05 PM
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cindyb cindyb is offline
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Walked out front, wind gusts are knocking the dead branches and leaves out of the trees. You'd think it was fall.
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  #394  
Old 06-29-2012, 10:51 PM
Starbuy Starbuy is offline
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Quote:
Originally Posted by cindyb View Post
I figured that from the first. I'm watching for the health issues to surface, something else they want to be released from.
The arborist and others also stated they know of animals they believe were affected when it was initially sprayed (burning paws on dogs and reportedly some who licked their paws ended up at the vet).

Like any chemical, we may not know the full health effects for years as research continues. Attorneys have told the court they still have not been given access to some of DuPont's information.
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  #395  
Old 06-30-2012, 03:17 PM
TreeNut TreeNut is offline
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Location: Columbus, OH
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We're now signed on with the 'big guys'--thanks, Starbuy and Cindyb. Just noticed damage on the top of our one white pine that has appeared not affected until now.
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  #396  
Old 06-30-2012, 04:35 PM
TreeNut TreeNut is offline
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Location: Columbus, OH
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Jap Maple Damage in Ohio

My damaged Jap Maple:

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  #397  
Old 07-01-2012, 11:20 AM
rosewater rosewater is offline
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Was there some info on this thread regarding lawyers that are assisting homeowners with Imprelis damage? If so, can someone provide that? I am in the Ann Arbor, Michigan area. Have not received any info from Dupont but my neighbors who use the same LCO received their Dupont pkg on Friday.
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  #398  
Old 07-01-2012, 08:12 PM
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cindyb cindyb is offline
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Rosewater, I dont' know if anyone named lawyers but if you look at the 85 page document below, several are listed.
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  #399  
Old 07-01-2012, 08:13 PM
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cindyb cindyb is offline
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http://www.lawnsite.com/showpost.php...&postcount=282
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  #400  
Old 07-01-2012, 10:33 PM
Starbuy Starbuy is offline
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Quote:
Originally Posted by rosewater View Post
Was there some info on this thread regarding lawyers that are assisting homeowners with Imprelis damage? If so, can someone provide that? I am in the Ann Arbor, Michigan area. Have not received any info from Dupont but my neighbors who use the same LCO received their Dupont pkg on Friday.
If it was you that sent me an email, I did receive and replied with information you requested in the email.
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