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Fair Disclosure and Airport Impact Statements in Real Estate Transfers (2012) / Chapter Skim
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Pages 2-6

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From page 2...
... Under most residential real property disclosure laws, the requirement to disclose is generally imposed on the seller or his or her agent. Section II of the digest examines states with airport disclosure laws and discusses when and in what manner a seller must disclose that residential property being offered for sale is within the boundaries of an airport noise exposure map, an airport influence area, or is situated in a military Air Installation Compatible Use Zone (AICUZ)
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From page 3...
... of the Typical Airport Fair Disclosure Act Provisions developed for the Report provides that a disclosure statement must disclose flight paths including actual radar flight paths or tracks used by landing and departing aircraft in areas beyond 65 dB DNL.11 (See Appendix D) The reason is that property owners may have complaints regarding single event noise generated by aircraft using the airport that are outside 65 dB DNL contours.12 8 Id.
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From page 4...
... in accordance with [FAR] Part 150-Airport Noise Compatibility Planning…for any public airport."23 Second, disclosure is required when residential real property lies within the boundaries of an "Air Installation Compatible Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities…subject to the availability of maps that designate" the area.24 AICUZs are discussed in Section V.C.
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From page 5...
... Tennessee In Tennessee, a residential real property disclosure form must alert a buyer to "neighborhood noise problems," but the required disclosure is not specific regarding the presence of airports or aircraft noise.45 E Disclosure of Military Airports A few of the current disclosure acts apply to property near a military airport.
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From page 6...
... Effect of Airport Disclosure on a Buyer's Obligations As seen from the above airport disclosure statutes, the onus is on a seller or a seller's agent to disclose an airport or airport noise. Some of the residential real property disclosure laws, which with a few exceptions are not specific to airports, analyzed in Appendix A provide that a seller's disclosure statement does not relieve a buyer of a duty to inspect for defects or problems but any inspection generally is limited to the property itself and does not include off-site conditions such as an airport.
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Key Terms

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  • airport disclosure
  • caveat emptor
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  • code ann

  • closure statement
  • flight paths
  • purchase contract
  • noise exposure
  • installation compatible

  • state residential
  • prospective purchaser
  • emptor doctrine
  • air installation
  • disclosure act

  • exposure map
  • airport influence
  • alaska stat
  • conditions affecting
  • military air


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