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Practice Of Real EstateState SpecificEASY

A buyer named Marcus is interested in purchasing a waterfront parcel along the Delaware Bay in Sussex County. His plan is to construct a large manufacturing facility that would process bulk materials shipped in by barge. His agent, Lisa, is aware of the property's location within the designated coastal zone. What is Lisa's most important obligation to Marcus regarding this proposed use?

Correct Answer

A) Advise Marcus that bulk material processing facilities are among the uses prohibited or heavily restricted under the Delaware Coastal Zone Act

Under the Delaware Coastal Zone Act, 7 Del. C. § 7001 et seq., new heavy industrial uses — including bulk product transfer facilities and manufacturing operations — are prohibited in the coastal zone. Lisa has a professional duty to advise Marcus about these restrictions because they directly affect the property's marketability and Marcus's intended use. Failing to disclose known use restrictions could expose Lisa to liability and harm her client.

Answer Options
A
Advise Marcus that bulk material processing facilities are among the uses prohibited or heavily restricted under the Delaware Coastal Zone Act
B
Refer Marcus to the county zoning board and take no further action, as zoning is outside an agent's scope
C
Proceed with the transaction and let Marcus discover any use restrictions after closing
D
Advise Marcus that the Coastal Zone Act only applies to properties directly on the Atlantic Ocean, not the Delaware Bay

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Related Topics & Key Terms

Key Terms:

coastal_zone_actagent_disclosure_dutyheavy_industrydelaware_baysussex_county

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