by Marianne Kidd, The Sachem
Who am I? I am a NIMBY, also known as “non-participating receptor,” also a mother of two very small children, ages two and three months. I currently live in Lowbanks on the beautiful shores of Lake Erie. My husband and I moved out here September 2012. Our real estate agent did not disclose to us that there would be an Industrial Wind Turbine (IWT) project occurring in our “backyard.”
We are at risk to lose everything we have worked so hard for, including our health, our children’s health, our dream home, employment (due to working in finance and the possibility of having to claim bankruptcy if we must walk away from our devalued mortgage) and our dreams of retiring in our beautiful home.
The Liberals are lying to the Ontario public by saying that we have the furthest setbacks in North America with regards to proximity and noise. There are further setbacks in Nova Scotia, Quebec and even Saskatchewan- 32 places across North America and even Europe! Read article
Full disclosure was not given Marianne.
Sue the realtor and the people you bought the house from.
I would agree with Petra but have little faith any more in Ontario’s justice system or our lawyers in general…………
There is already an operating wind energy project in Lowbanks and has been for some years.
I’m not sure anyone could have bought a Lowbanks property without being aware of the existing wind machines?
I’m not sure it would not devalue the ‘non-disclosure’ part of the argument?
Andrew Watts
I guess it would depend how far are the current ones, where you moved from and knowledge of any current projects.
Take them to court for non-disclosure.
Real estate Brokers should be a “target” for Wind Fighters to approach…………..they should be “INFORMED” about the perils of NOT telling people about IWT’s being proposed in the neighbourhood where they are pushing their sales!
Full disclosure or lack of, is one of a Real Estate Brokers biggest threats to their trade.
Maybe the majority aren’t aware of this Wind danger and should be forced to read up on it……………maybe if a few brokers were charged with lacking full disclosure, it would get their attention…………imagine if no Real Estate office would list a house that had an IWT project near it?
now that would be the nail in the coffin for this Fraudulent Green Industry!
I also moved into the Niagara Region in August 2012 and to be honest, never knew anything about Industrial Wind Turbines until I saw the local newspaper and the proposals to erect these monstrosities. Needless to say I immediately started doing my homework — and boy was I surprised at how we’ve been hoodwinked !
I would like to hear from a Realtor. Does anyone know what a Realtor is obligated to divulge during a sale in a designated or near designated area of IWTs? Is it within 1, 2, 3 klms? What is the fine line on disclosure?
To think I took my life savings to retire in a beautiful rural area only to find that I could lose out in so many ways, especially my health!
We have two realtors in our anti wind group. Both have told us they are required to inform clients of any wind projects that are with in 5 km of the house that is for sale.
Andrew,
Do you know what all of the conitions for disclosure are? There must be more to it because I am fairly certain they aren’t disclosing that information around here, Chatham Kent.
Active Rain
“The Law of Vendor’s Obligations”
Vendor has to disclose:
1. Latent Defects – Defects found by mere observation
2. Patent Defects – Concealed defects
http://activerain.com/blogsview/1198179/the-law-of-disclosure-in-real-estate-transactions-vendor-s-obligations
There has been discussion about this subject here before and as I recall it was the Brokers who decided to add IWT disclosues to cover themselves from lawsuits but the Ontario law itself may not have changed.
The disclosures only cover the property itself and not what industry might come into or is already in the area when you purchase the property. Doubt if this issue has been court tested yet.
Just use BING: Ontario Real Estate Disclosure Laws
The Ontario Real Estate Association has a form called, “The Seller Property Information Statement.” Sellers are asked to fill out the Information Statement to help a Buyer understand more about the home and area. One of the questions on the form states, “Are there any hydro generating projects planned for the immediate area? eg: Wind Turbines.” The Seller doesn’t legally have to fill out this form. In our business whenever a Seller refuses to fill out this form a red flag goes up. The Realtor with their local knowledge should be aware of such a potential project coming to the area and should have disclosed to the Buyer of their knowledge of a potential Wind Project.