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APPROVED 5/10/2010 OC Board of Adjustment – 3/8/2010 Page 70 of 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Michael Harvey: Enter this into evidence? Rob Maitland: Defendant’s Exhibit 8. I believe you are handing out the standard seller’s disclosure. Joan Austin: The standard seller’s disclosure. The very top part that I have highlighted is it is General Statute 47E requires the owners of residential real estate single family homes and buildings with up to four dwelling units to furnish purchasers a property disclosure statement. This form is the only one approved. If you turn to the second page, this statement, I would give to anybody in here that had a house for sale and you have to fill it out. You have three choices; you can say, yes, there is something that I know is wrong with my house or no, I don’t know or no representation. The first 12 ask you what kind of pluming, heating, age of the roof and that sort of thing. Rob Maitland: The whole purpose of the form is to let a buyer be informed. Joan Austin: Right. You have to tell. The number 13-21, if you will look at number 15, it specifically says, commercial or industrial nuisances, noise, odor, smoke, etc. affecting the property. We know from Tom Miller, who said absolutely it is a material fact, they would have to say down here that yes, I am 50 feet, actually, I take that back, you don’t have to say, in Tom’s email, he did not say that proximity had much to do with it. I said within 1,000 feet do you have to disclose and he says no, it doesn’t have to be within 1,000 feet you just better say it. So I guess it could be 2,000 feet, there is no specification of how many feet you have disclose. Rob Maitland: This is a developing area case, like a nuclear power plant, might be 100 miles; a dog kennel might be … Joan Austin: You better disclose it. The bottom line is that actually, the Southerlands would not have to disclose it, they can put no representation and they are perfectly legitimate to do that but as a realtor, if I don’t say it, I got a new job coming up and I don’t know what it will be but it will not be selling real estate. I cannot not disclose that fact. Rob Maitland: I love the way you talk and it is clear for the record. A seller is not required by the form to make representation because the state gives them the option to check no representation but a realtor is held to a higher standard and is held to a higher standard and is part of the obligation of listing to appear to be knowledgeable of all material fact that is associated with the property you are listing, correct? Joan Austin: Absolutely. Rob Maitland: The email from Tom Miller said what? Joan Austin: It was very specific. Jeffrey Schmitt: It has been passed around, everyone has read it. Joan Austin: Could I just read the first sentence? Rob Maitland: Sure. Joan Austin: A kennel with 20 or more dogs in close proximity to a nearby residence would be a material fact to any perspective purchaser of the residence. Rob Maitland: Joan, in your involvement with this process, how many appraisers did you contact to try to get them to do a study like Mr. Knight did? Joan Austin: I called Pickett Straus first of all because they do a lot of development in the New Hope Church Road and in Hillsborough and he said I can’t do it. I said I’ll pay you to do it. He said I will not do it. I thought okay so I called a gentleman…. Rob Maitland: You don’t need to have all the names just how many you called.