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Advisory board hears from realtors and legal discussion about buyer disclosures and insurance for blasting impacts
Summary
Realtors told the board seller disclosures about blasting are inconsistently used and not mandated statewide; members discussed insurance-denial strategies and how litigation (for example, plans described by law firms) can affect homeowners' insurability and long-term property outcomes.
At the Sept. 22 meeting Miami Lakes advisory board members and two realtors discussed the extent to which buyers are informed about blasting and the legal options for homeowners pursuing damage claims.
Realtors on the panel said seller-disclosure forms exist and are sometimes used to note local blasting, but there is no statewide mandate that forces a universal disclosure. One board member suggested the town could host sample documents for prospective buyers on its website; others cautioned that putting explicit warnings on a town page could be perceived as discouraging home purchases in the area.
The board also discussed insurance and litigation strategies. A member described how some firms (for example, a national plaintiff firm) sue insurers after denials for alleged seismic or blasting damage; the meeting included a warning that litigation outcomes can carry consequences for homeowners’ future insurability. Members said state law can limit direct suits against mining operators and that counsels’ strategies often involve suing insurers and seeking subrogation.
Board members agreed the committee should compile clear materials for buyers and consider targeted outreach to real estate professionals to increase awareness without offering legal advice.
What’s next: the committee will collect sample seller-disclosure language and buyer-resources to post on the town’s resources page and consider outreach to local real estate agents and title companies.
