What's That Smell Along Union City Blvd
Disclosure: What Not to Say When Asked "What's That Musky Smell?" When asked by the buyer "What is that musky smell?", the dual agent told the buyer that it was "sea air" and could be fixed by "changing things like sheet rock." Fong v. Sheridan, No. A144286 (Cal. Ct. App. April 21, 2016) , an unpublished appellate decision which cannot be cited as binding legal precedent, reinforces the admonition that agents should not speculate when making statements regarding the condition of the property - just the facts please. Relying on the agent's statement, the buyer closed on this Tiburon, California property, but kept smelling something odd in one of the bedrooms. Continuing to investigate, the buyer found a buried septic tank and a buried oil tank. Compounding the problem, there was an inadvertent spill when removing the oil tank. The buyer moved from the property due to the chemical smell and eventually the house was torn down. Af...