(1888PressRelease) By disclosing information from maps not guaranteed for accuracy or completeness, pipeline disclosure places the seller/seller's agent directly in the line of liability and clearly at risk. An ADVISORY which directs buyers to the NPMS website and the local utility company during their investigation contingency period is the most sensible approach.
San Francisco, CA (1888PressRelease) December 16, 2011 - The September 2010 explosion of a gas pipeline in San Bruno was a terrible disaster and it greatly increased the public's awareness of the potential dangers associated with underground pipelines. However, government policy has not established pipeline disclosures in a real estate transfer. Consider the following:
FACT 1 - The State of California has since enacted five new laws to strengthen pipeline safety; however, official disclosure of pipeline proximity in a real estate transfer has not been addressed by California law.
FACT 2 - Congresswoman Jackie Speier earlier this year introduced the National Pipeline Safety Bill that, among other suggestions, will prescribe minimum standards to require the owner or operator of a pipeline facility to notify all owners and residents of the location of a transmission line and how to obtain a map of the pipeline system through the National Pipeline Mapping System (NPMS) website, http://www.npms.phmsa.dot.gov/.
FACT 3 - The California Association of Realtors® has updated the Statewide Buyer and Seller Advisory (SBSA, Rev. 11/11) and the Seller Property Questionnaire (SPQ, Rev. 11/11) forms to address awareness and notification of underground pipelines to prospective purchasers. If the seller is aware of the proximity of pipelines, that knowledge becomes a material fact that must be disclosed on these two forms.
FACT 4 - Most available pipeline maps are limited, incomplete and inaccurate.
By disclosing information from maps not guaranteed for accuracy or completeness, pipeline disclosure places the seller and seller's agent directly in the line of liability and clearly at risk. Agents want to defer all liability attached to disclosures. A sensible way to achieve this is via an advisory which directs buyers to the NPMS website and the local utility company during the investigation contingency period.
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Disclosure Source provides an advisory for Gas Pipelines in ALL NHD Reports.