The concern this has morphed into in Fenney is the lack of disclosure by the developer prior to sale. Many have read about it elsewhere prior to buying, but I do not recall it being specifically disclosed to me during the sales process or the closing process. That leaves the question - "is it something the developer should have been required to disclose?", or "should it have been done as a practice of good ethics, but was not against any rules/laws not to disclose?". I'm not smart enough to know the answer and I'm lazy enough to not research it. There are enough people with their panties wadded up that it will come out in the wash one way or another. I haven't lost a minute's sleep over it and don't expect that I will.
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