PFA’s in water not disclosed

[Thebasicbee]

Massachusetts

We purchased a home in August 2022 when I was 9 weeks pregnant with a healthy baby. We were not aware or disclosed that the town water had unsafe levels of PFA’s in the water. About a month after being in the home and drinking the tap water, we found out I was miscarrying. PFA’s in the water are linked to issues with fetal development and miscarriages. We had to search on the town website to find that pregnant women should not be drinking the water and other populations to drink at their own discretion. Legally shouldn’t this had to been disclosed when we purchased the home?

 

[Zigner]

Massachusetts

We purchased a home in August 2022 when I was 9 weeks pregnant with a healthy baby. We were not aware or disclosed that the town water had unsafe levels of PFA’s in the water. About a month after being in the home and drinking the tap water, we found out I was miscarrying. PFA’s in the water are linked to issues with fetal development and miscarriages. We had to search on the town website to find that pregnant women should not be drinking the water and other populations to drink at their own discretion. Legally shouldn’t this had to been disclosed when we purchased the home?

I am truly sorry for your loss.

I cannot post a specific link, but if you do a web search for Massachusetts required disclosures on home sales you will find many sites that seem to suggest that such a disclosure is not required unless the question is specifically asked. Another problem you have is that the information may not have been known to the seller. You knew what to look for and had to dig for it...

 

[quincy]

Massachusetts

We purchased a home in August 2022 when I was 9 weeks pregnant with a healthy baby. We were not aware or disclosed that the town water had unsafe levels of PFA’s in the water. About a month after being in the home and drinking the tap water, we found out I was miscarrying. PFA’s in the water are linked to issues with fetal development and miscarriages. We had to search on the town website to find that pregnant women should not be drinking the water and other populations to drink at their own discretion. Legally shouldn’t this had to been disclosed when we purchased the home?

For home purchases, the buyer is (generally) responsible for home inspections and discovering flaws in the property. If the seller is aware of any known hazard or material defect in the home at the time of sale, however, these should be included on the seller’s home disclosure report.

You can consult with an attorney in your area to see if you have a legal action worth pursuing. You could face several hurdles in proving the sellers are responsible, including that the sellers were aware of the water’s condition prior to your purchase and failed to disclose it, and that your miscarriage was the direct result of consuming the tainted water.

I am really sorry to hear that you suffered a miscarriage. Tragic.

 

[Zigner]

If the seller is aware of any known hazard or material defect in the home at the time of sale, however, these should be included on the seller’s home disclosure report.

Outside of a handful of statutorily required disclosures, the seller must only disclose if the question is specifically asked.

 

[quincy]

Here for general knowledge is information on PFAs from the Massachusetts government:

https://www.mass.gov/info-details/per-and-polyfluoroalkyl-substances-pfas

It is important for home buyers to do their research before signing a purchase agreement. All purchase agreements should have contingency clauses added that state the agreement is valid only upon a thorough and satisfactory inspection of the property. A home buyer often will look at the physical condition and ignore the structural condition of the property or other factors that can affect a property’s desirability.

In Michigan, for example, many properties (one in four) show radon levels that exceed the federally-recommended action levels. High levels can cause cancers. A radon mitigation system added to a radon-heavy home will vent any harmful radon outside.

Knowledge is key when making what is likely to be the most expensive purchase of your life.