Real Estate Disclosure

I recently purchased a home in Massachusetts, Worcester County (5/31). When I put a bid on the home and signed the agreement of sale (late Feb.), the outside property was under several feet of snow. It wasn't until late spring that I noticed a large pond in the back yard. I was assured by my realitor that it was a drainage problem that the township and the builder were fixing. After settlement however, my new neighbors informed me that roughly 30% of my yard was protected wetlands - land that I'm not permitted to do anything with. These wetlands do not show up on the property plot that I got from the town records deptartment nor on any township documentation disclosing protected wetland sites. Shouldn't the owner and their agent have disclosed this?

[HomeGuru]

Yes and where is the survey that you should have ordered?

A home inspection and title insurance were ordered and a certified plot plan was acquired from the county. The plot plan shows a 10 foot utility easment along the front of the property but no other easments. Furthermore, the property was under 2 feet of snow during the period that the site survey would have normally been performed.

An additional comment - the house is only one year old as of this month. The site survey from the county was done in December of 1999. Would a survey even catch it if a) the wetlands are not identified by any physical signs, fences, etc. and b) township documentation shows not wetlands in the area?

[HomeGuru]

Yes, because the property legal description, etc. should be on the title report which the surveyor would use.
What abut zoning/building dept. records?
The Seller and agent should have disclosed the wetlands fact.