EPA SUPERFUND SITES
How to be Super Aware of Superfund Sites
Every seller wants the process of their home sale to be as simple and stress free as possible. They rely heavily on their experienced REALTORRealtor to advise them during the process and point out any risks they would want to avoid. Realtors are not lawyers or accountants, and often refer sellers to experts like these (and other experts) who are licensed and able to offer important advice throughout the real estate sale process. However, hiring a local agent with hyperlocal knowledge has tremendous benefits in a real estate transaction.
Welcome Home Realty Group is located in the heart of downtown Frederick City, Maryland. Our agents live local and love local. Because we know the Frederick real estate market and communities, we have been very aware of House Bill 486 from its inception and know the impact on both buyers and sellers. The bill focuses on disclosure of EPA identified Superfund sites.
Disclosure is a word in the world of real estate that actually is the cause of a majority of legal disputes between sellers and buyers. In real estate, disclosure refers to the legal requirement for a seller to disclose any known issues with the property they are selling that would (if known) change the buyer’s decision to purchase and/or the amount they would pay for a property. In Maryland, unless the property is sold by a bank through foreclosure or as an estate, sellers are required by law to fill in a document that describes any known problems with the property that may impact the property's value or safety. Buyers are required to receive this document prior to making an offer and the purpose is to protect both the sellers and the buyers by providing transparency about the property’s condition.
In Frederick County Maryland, the passing of House Bill 486 is an important legal change that every Seller and Buyer must know. This requires sellers to disclose the existence of a National Priorities List or NPL superfund site within one mile of a property that is selling. Sellers can use the EPA's map, found on their website) to learn if their property is within one mile of any identified Superfund site.
What is an NPL superfund site?
The NPL, National Priorities List, is the EPA's list of the most hazardous sites in the country. Contaminants from these sites can travel through the air, water, soil, and groundwater to nearby land. Living, working, or going to school near a Superfund site may have negative health effects.
Unfortunately Frederick County has a known site on this national list. It is called the Fort Detrick Area B Groundwater and is located within the city of Frederick. You can investigate the history of this site on the EPA website. In the 1950s, Ft. Detrick used what has been called Area B to dispose of waste later found dangerous. The ground and wells in the area have received extensive testing and cleanup since the 1970s and the site has been identified as an area requiring constant testing today. The presence of karst formations in the underground landscape has been the major concern for groundwater contamination leaking from the site. Karst is a type of underground rock landscape where the dissolving of the types of rock like limestone has created sinkholes, sinking streams, caves, springs, and other characteristic features.
What does this mean to a seller living within 1 mile of this Area B identified site? Sellers can use the EPA's map to determine if their property is within one mile of a Superfund site.
The seller must include an addendum to the contract of sale
The addendum must include information about the Superfund site, including its identification and definition
The addendum must also include information about EPA websites
The buyer has the right to void the contract within five days of signing the addendum and receive a full refund
This new law accentuates why buyers and sellers should rely upon real estate agents with hyper local knowledge. Because our area is so close to the nation's capital and heavily populated, with close proximity to 4 states, real estate agents may not be local to Frederick County MD. They may not be aware of the new law which uniquely impacts sales in Frederick County. When interviewing your Realtor to either sell your home or to help you purchase a home, always remember how important local knowledge is to protect you in a real estate transaction. Sellers and buyers often underestimate the risks until it’s too late. At Welcome Home Realty Group, our goal is to be your local experts and to provide you with hyper local information so you can navigate safely from beginning to end.
