That's how mines get out of doing the rehabilitation. They go out of business and claim bankruptcy. No money left for rehab. Need to advocate for stronger rules before a mine starts. Once it's there, nothing you can do. Now that being said. We cannot have our society without mining. We need mining to survive
@@Userhfdryjjgddf That shipped sailed with the most recent Scotus decision on the Chevron rule. It's a free for all now unless congress specifically writes the rule.
@@fueymanchoo1291 Not true. The opinion overturned a long-standing legal doctrine called Chevron deference, which required judges to defer to an agency's interpretation when it comes to regulations about laws that are ambiguous. You can now question the regulation. No regulation was over turned.
If it wasn't disclosed, you have a lawsuit against your agent, the seller's agent, and the owners. They have E&O insurance, and the state has a fund to compensate you.
false they will and did claim not to have had any knowledge and the amount they could sue the llc for was not enough to be worth it, They went over this in the video did you even watch it?
Correct. While the seller's agent might not be directly responsible, they have to be listed in the suit as at least having involvement, contributory or vicarious. That will prevent the fault-blame game from falling off the list of parties accounted for in the filings.
@@marknicolich5789 As an agent I can tell you the sellers claimed they bought it on a foreclosure so couldn't provide a disclosure of issues, but the agents should have known. You're suggesting THEY didn't know about a superfund site in their territory? They should have their licenses revoked.
I thought the same, but, since it's a foreclosure the 'buyer beware' and do your own due diligence before you submit a bid might apply. It would REALLY STINK for this family, but I betcha that's how the shady RE lady gets away with it. smh
Actually, disclosure laws vary by state, and off-site hazards - even when nearby - may not be required to be disclosed. I live in Arizona. When I was purchasing my home, my real estate agent informed me of one factor that he thought would be important to me; but for everything else, it was my job to exercise due diligence for off-site issues. That included identifying a nearby superfund site (former military property - undergoing cleanup by the Feds - not considered a significant health hazard at the moment). Real estate agents in a mining town should know about local mines; but they may or may not be aware of the mines' health hazards, and they may not always know the location of each mine. (This one was larger, and thus, fairly obvious, so she probably should have said something.) Here in Arizona, a number of more rural communities are mining communities. Even when they're not, sometimes there might be some mining contamination in local waterways from upstream (albeit probably a bit diluted). If you ever see a large pile of dirt in roughly horizontal levels, definitely find out what that is. In Arizona, we have MASSIVE copper mines (and silver and gold mines). Mining and refining metals leads to some pretty serious contamination - possible dust issues; heavy metals in the aquifer / water and the soil. Unless you work for the mine, it's not the best place to live - certainly not to raise a family, imho. Also, on disclosures in general, sellers are typically only required to disclose problems that they are aware of. If a company bought the property and was unaware of nearby hazards, they may not be liable. This is why it is important to exercise very careful due diligence when considering a home for sale by a company, such as a foreclosure or similar situation.
If you want to avoid this, when looking at buying property, pay for what is called an "environmental site assessment" with historical analysis and lab testing for soil samples.
Reminds me of a neighborhood whose buyers purchased residential lots adjacent to a landfill and later were SHOCKED there was toxic leaching into their water wells!
I’m having trouble sharing. Imagine that. I know this poor family. 😢 😡 should be illegal for them to sell without a soil test they knew and didn’t expose its toxic.
According to an Arizona Dept. of Health study: "• The rates for lung and bladder cancer are elevated for the Prescott Valley and Black Canyon City PCA areas compared to the Yavapai County and State rate but Dewey-Humboldt only comprises 5.7% of those cases, making it difficult to attribute higher rates specifically to Dewey-Humboldt. • The Arizona Department of Health Services is unable to reach any conclusions regarding the presence of an elevated cancer risk in the Dewey-Humboldt area." If it were me I'd wear a mask or avoid going outside when it was windy enough to blow that dust around.
Ahh don't forget Tucson up till mid 60s you could drink well water ..well America's finest and britest..air force dug a pit two hundred feet wide quarter mile long dumped old fuel..coolant..cleaning agents oil....it was just a dirt pit..all went into ground water...toxic..tc3...cancer...hyper ageing
the mine was in sight. the pile of dirt was in sight. the site was listed as a cleanup site for 16 years. can you dress yourself or do you need your hand held for that as well?
Exactly....it is right there!!! Whenever you buy a home you have to get radon testing and properly inspected. Land buyers should be doing the same thing. Test the soil before you buy it, if it is known there is a suprafund site nearby.
I feel bad for them, but, if something is cheap, especially real estate, raw land or actual house, walk away. There's a reason. Seeing the mountain of tailings, I would have gotten back in the truck and looked for something else. Plenty of areas in rural Arizona away from any mines are available. Messed up situation. Shame on the real estate company. They knew.
Wait.... wait.... wait just one second. People are actually buying land in the middle of a desert??? How is that "perfect"???? It's not country... it's a desert!!! There is a difference. 😳🙏
Well yes it is an old mine. If you sometime studying in school you might know that mines do tend to have issues with metals, after all, mines are dug for the minerals. And the buyers have a period of due diligence on their part to do research to understand and uncover problems with the deal or they can walk.
Exactly. If you live near a mine-operational or not-it was or is a Superfund site. It’s easy to search Superfund sites, so while it should have been disclosed, the buyer could have easily found this information. If the house is cheap, there’s usually a reason.
That should’ve been obvious when looking at the home that there’s a mine nearby. Seller required to disclose it. It is not the real estate agents job to disclose things. It is the sellers responsibility.
the sellers knew that's why it was a llc used so they could hide their identities & just file bankruptcy if ever sued plus it would cost too much to sue them anyways. seller knew and used loopholes to run a game
Everything in a real estate deal is the agents (both) duty to find out and disclose. They make up the paperwork, not the seller. They are by law the property experts, not laymen. Either you are a realtor or are brainwashed.
Wow everyone needs to jot down the name of this reality owner and the last monopoly of the LLC’s that played a part to swindle that family out of their money. But to be honest we were about to close on our “at the time” our dream location home in Joshua Tree. At the turn of the market in 2008 we were getting a home that is now valued at $618k for $290k. Wanna know why? We drove out with the kids and our belongings and we got there in the middle of the night. Parked at the property. The realtor we were dealing with was out of town for the weekend to finish docs. While we were lingering every day around the property, the neighbor directly in front of us came over and decided to introduce himself “because he said by law he was required to inform us. Wtf? Now we understood why this property was sitting so long and why they were so accommodating to us. We lost all of our earnest money. Because yes we SOoooo did not close. And do u know the reality company told me that it’s not their obligation to inform me. From that moment on….. I learned 3 things to google before I purchased homes. And til this day, I still continue to do so.
The co-owner of KMF Real Estate is a liar. I'm sure she knows that that area is "contaminated". This is why you always do your research BEFORE buying any property.
I bought a house in Gilbert in 2001 that was 100 yrds from the old landfill. I would have thought they would have told me, but never heard a word about what the unused land was.
If they were not informed in documents or verbally they should be able to contact the states attorney general office to go after the seller and the realtor.
When I bought land I asked if there was any mining in the area or known mine or mill sites. He told me at lower elevations in the area had some sites. We have uranium, mercury, silver, copper, etc. Look at the state seal. There was land in Nevada near Carson City where they wanted a subdivision it had asbestos. These western states have had lots of mining.
Unfortunate, but look at that mining site, you can see it...That whole are has a long time history of mining, they are still doing it in the area....But there should be more in the listing......
Hogwash, the realtor is by law the property expert, not an owner. I did mortgages, you are either another lying realtor or you have bought the brainwashing of the association.
Except that the seller was a business from out of state. They may or may not have even been to the property or even the community. This is why it's important to exercise due diligence when purchasing a foreclosure or property otherwise owned by a company.
I live about 35 miles north of there, there's signs all around the dumps worning of the contamination. Yes, it should have been disclosed, but you can't depend on others to find these things out. Especially when profit is involved.
Kind of surprised at most of these other comments. When you buy a property, it is 100% your job to do the research into what you’re buying. It is no one’s legal responsibility to tell you anything about what YOU are purchasing. If you don’t do the research until after you’ve purchased, that’s your own fault. You need to ask questions, she admitted to seeing the mine before the purchase.. a little common sense goes a long, long way. It’s your purchase, your responsibility to do due diligence. Not the realtors job to tell you anything unless you specifically ask. A realtor’s job is to sell something, do you think they are going to go out of their way to tell you something bad if there’s a chance it’d hurt the chances of selling?? Hell no. Zero sympathy for that family.
Same thing happened in Park City Utah. The real estate companies and the tourism attrmpted to hush it up. It just went nowhere and many have died of various cancers throughout families snd long term residents.
I own a 20-acre gold mining claim. In the Humboldt-Dewey area on the eastern side of Highway 69. The old Iron King mine in this news report is located. Right off of Highway 69 on the west side. You can see the old mine from the highway. No matter what direction you are coming from. When you turn onto Iron King Road ( Dirt Road ) and follow it up into the hills. You will drive within a few feet of the tailings piles. There is a chain link fence surrounding the property. With signs posted every fifty feet, stating. * Do not Enter, Hazardous chemicals* . So this is where I call bull skeet with the relator. One, The Iron King Mine is extremely visible. With posted signs warning of the hazardous materials in the area. Two: Any good, respectful relator would have done. Their due diligence about the history of the area. To properly inform customers of what they are purchasing. The same can be said about the properties prospective buyer's. It's up to the buyer to do their due diligence. On researching an area before buying a property. Three anyone buying land in Humboldt-Dewey. Needs to rethink that choice. Land and house prices are way over inflated. Buy the local realty companies.
Although unfortunate, some due diligence, which is generally the buyers responsibility, would have prevented this situation. I've been doing this for 32 years now in AZ, although 95% of my projects are commercial.
There is no place on a real estate listing form where you have to disclose anything about another property nearby. Buyer's Beware and do your own investigation before purchasing.
Shame on all involved. People need to be held accountable for their poisonous buildings. I would never live by an old mine!!! Who are these uneducated people buying there? The ground and water will always be polluted with toxic chemicals. Deaths for $$$$$$ again. Very sad the greed is #1.
Around Humboldt were the Iron King Mine and Humboldt Smelter. Operations ran from around the 1890s-1960s. There were also smaller mine operations from ~1900-1934. So, most of the businesses responsible are probably long-defunct. Per the EPA Superfund report, there was a tailing collapse in 1964 that sent contamination downstream. That likely put the last mining / smelter operation out of business, if one was still operating then. In other words, I'm not sure if a business owns the site. The site may have been turned over to the state (AZ) or Feds quite some time ago.
My daughter had blood poisoning when she was little because of the lead in the dirt in morenci.. mommy wasn't paying attention and she was eating dirt etc i guess.. we had to give her calcium for a yr to bring it down. Anyway yes. Old Arizona copper mine towns are horrible. Those old tailings are just a mess.. globe has done a pretty good job of covering their old tailings but none of them were lined like they are now.. so i would not drink well water any where in that area. I bought a cheap property in Safford for 5k in 08 across the river from the new mine.. not on the mine side etc. Anyway ya don't ever buy anything near a pile of red brown grey or orange dirt or any dirt that is void of vegetation!!! Lol
Didn’t you walk the property and ask questions before you bought the land ? If not , it’s your land now. It’s not the old mine their selling it’s the land adjoining it . Ask questions otherwise they will be hush hush , just to sell the property
I'm sorry but that real estate women who lives in the town where the superfund sight is, knew exactly what this family was buying and did not tell them... How does she sleep at night?
Superfund site means the US government is paying big bucks to owner to clean it up !!!! So sue the owner for every $$$ they have received to clean it up and did not. Or find out which government official was suppose to monitor the cleanup. I guarantee the real estate office knew this. The owner they represent knew this and the government knew the owner changed therefore the check they write for clean up should be going to the new owner.
Never purchase a piece of property without first looking into the history and the mineral and water rights of the property. You can purchase something that's nice looking but deadly. or looks like paradise but you don't own or have any control of what's under the land you own and live on.
Uhh.. I can't help but think they should have done a little more homework before purchasing. Obviously, the people selling should have been more forthcoming. It could end up being a good investment if the EPA comes in and cleans it up.
That's why it's called "do your do diligence " before buying any property. Legally, no one has to disclose anything, which should be illegal in every state. But unfortunately they don't do anything for the consumer
Legally they do have to disclose everything. I did mortgages, I know what the law is. Here in Hawaii I bought a lot and by law the sellers agent was required to list a pig farm across the road and the sellers agent was as dishonest as the day is long, but he knew better than to not list the pig farm. You think he did it out of the goodness of his heart? I did mortgages. I know that this agent, and most actually, are crooks and don’t do things like that voluntarily.
Understand the law as well as the land. The land and water in this state is so contaminated it's legally viewed as this knowledge is things that everyone already should know because it's so prevalent so no disclosure of ground contamination is legally required because you as a buyer should already know duh. Just some wild AZ laws that only exist here.
