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I'd hate to be the buyer who thought I was moving into a quiet condo and then be surprised to find out a barking dog is next door. Might not be the best idea to make the dog disappear during showings.
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The doggie daycare idea is good - that dog will be too tired to bark after playing with other dogs all day - and bribeing the owner to take the dog for a walk is also a good idea - lets face it a lawsuit will take too long - do it the easy way.
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I'm glad to hear that the dog is well cared-for and not neglected.
This may seem like a self-contradictory suggestion, but I am worried, as Heather is, about whether you have to disclose this nuisance even if you succeeded in walking the dog during showings. If I were you, I'd ask my Realtor. If I do have to disclose it, I think I might be better off trying to walk the dog and disclose. If people hear the yapping, they may not look at my house. However, if the dog isn't present, but there is merely a sentence on the form, they may say to themselves, "well, at any time a neighbor could move--even if there were no dog another might move in next week." Or you might even be able to say something like that just after the disclosure. They might be much less concerned reading about it than if they experienced the noise directly. |
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Also, and not the reiterate the obvious, but a sale is not final until the day you close. If you choose the route of "having the neighbor take the dog away" during a showing, you'll have to do the same every time the prospective buyer(s) comes back, including during the inspection, because anyone can walk out of a contract prior to closing. I would definitely get the condo association involved as soon as possible.
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I really don't think anyone would have to disclose about a dog barking. And you have to do what you have to do to sell your home. That is why people do staging and everything along those lines.
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Whether it's legal or not, deceiving potential buyers by paying for dog-walking or doggie daycare to dupe them isn't ethical. This is definitely an issue for your HOA. Frankly, it's one they should have dealt with for YOU so you could enjoy living there. But as we all know HOAs do not always live up to their responsibilities. I would call the police every time, as they suggested. The neighbor may be sufficiently inconvenienced and embarrassed to do something and the police may be sufficiently inconvenienced and embarrassed to strongly encourage her to do something. What about animal control, can they step in in some way?
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Having been down this road before, I learned that the HOA's do nothing, and they refer you to the police - otherwise called "animal control". We were instructed to contact animal control, which will enforce the county's noise ordinance. If the dog is barking, you need to call and they will need to catch the dog in the act of barking to issue a citation. I believe there are only so many citations a citizen can have for a barking dog before something more serious happens, like you have to find another home for the dog. I believe it may be three violations.
Anyway, this is a tough decision to make, getting the police involve. I believe the best route is to have an honest conversation with the owner about the barking first. Perhaps they don't know how bad the problem is. If the problem is not corrected, I'd call the police. For your sake, and for the sake of others living in the complex and the new owners. People should not have to live like that, listening to a barking dog all day. I love dogs, but sorry. Its just not right. |
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Mix 100 grams ground beef with 50 ml anti-freeze--"Here Boy!" No seriously, I would send her a certified letter demanding cease and desist. The I would file a suit in small claims court, for starters.
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