Must I disclose a nuisance neighbor? (disclosure, price, construction, Realtor)

[Justin Time]

Originally Posted by mistygrl092

I don't think this neighbor would be a nuisance to anyone but me, as we don't get along well (to put it mildly). Must I disclose past issues or can I skip that part? . . . He is less likely to harass me and my property if he thinks I am leaving.

No, I would not think that this would ever be addressed UNLESS a potential buyer asks you directly, "How do you like your neighbor?" I have been asked, "What can you tell me about the neighbors?" To which I answered something along the lines of: They are all single families--young to middle couples, with the exception of one retired lady, who is much older. They all keep regular hours and keep their pets in fenced yards. More people keep their cars in their garages and lawns are mowed weekly. It's a clean, safe, family-oriented cul-de-sac. Most couples have two children, if any. Most are professionals: a doctor, a couple of lawyers, an accountant, a teacher, a real estate agent, a couple of engineers, a nurse, two private business owners, several stay-at-home moms, and a dective. We also have a neighborhood watch and a police officer around the corner. This is what people usually want to know.

Every state has its own laws regarding disclosures, so you can check your state's laws.

Typical disclosures include: zones & environmental factors (earthquakes, natural hazards, zoning changes, flood zones, fire hazards, air, noise or ground pollution), among others.lead-based paint, a death on the property & the cause of death (except AIDS--discrimination), believed hauntings, golf balls (golf course), break-ins, certain repairs, lawsuits, and insurance claims (especially floods & fires), and foundation & basement issues.

If you are worried that a potential buyer might ask YOU questions, then hire a realtor so that you can be out of the house during the showings. You don't HAVE to meet potential buyers.

If your relationship ever came up, I would be sure to say more about YOU than your neighbor. I am grumpy and I like to keep to myself. I think that I irritated my neighbor because of that. It's a personality thing.

In all honesty, you probably have to reason to believe that your neighbor will bother the new owner. He'll probably be glad that he won and that he forced you to move.

[LisainCali]

Dissenting vote here. My thoughts are that if you don't want to disclose something that is exactly what you probably should disclose.


I don't know where you live, but in California I would definitely advise you to seriously consider disclosing the fact of the sharp harmful objects, attempting harm to your pets and police reports. I'm not reading in your posts that the two of you 'just don't get along and someone else might not have these kind of problems with him.' For example, there is a huge difference between an ex-boyfriend that you didn't get along with, and an ex-boyfriend who tries to harm you and your pets physically.

Ask a local Realtor. Disclosure laws are vastly different in each state.

[DMenscha]

I'm sure the reason the people that sold me their home moved because of the personality disordered couple next door. I probably would have bought the house anyway, but if I ever sell the property, I'll be disclosing the fact to my buyer. The OP should disclose the situation and let the buyer decide if it's just an interpersonal conflict or something more sinister.

[Narfcake]

IANAL, but I'm sure it's a personal issue so it won't need to be disclosed.

http://www.city-data.com/forum/house...n-wall-no.html

[fallingwater]

No

[MaseMan]

There's nothing to disclose since this is a personal issue between you and your neighbor. It doesn't have anything to do with your property.

[happehart]

Misty, you need to research the laws in your area to know if you have to disclose this information or not. If the police was involved and the state law requires you to state that when you sell then you have to do it. This item is a deal breaker and could put you in trouble with the law. You can talk to couple Realtors and get their feedback, you don't have to hire them, this is part of their initial consultation.

[Lovehound]

Originally Posted by mistygrl092

I don't think this neighbor would be a nuisance to anyone but me, as we don't get along well (to put it mildly). Must I disclose past issues or can I skip that part?

I am considering putting a FSBO sign in my front yard so he stops hassling me. The truth is there are several things that need to be done here before I can even sell it. I'm thinking of having an appraiser appraise it to set the value so I know what I am working with.

This isn't to say I am not all in favor of using a realtor's service. And, if I were in a set of normal circumstances I would use a realtor. Also, I want more control in the process and this means only showing my home at my convenience. Since I am home virtually 24/7, this would not be a problem. But I do need notice and do not want realtors pressuring me to show my house at their convenience.

And, truthfully, if I put a sign in my yard I think it will get this neighbor to back off and give him a sigh of relief as in "I won!" Well, I've been needing to get out of here for years so let him think he's won. He is less likely to harass me and my property if he thinks I am leaving.

I'm sure you remember this topic:

Is it required to have a for sale sign in your yard?

Originally Posted by mistygrl092

I was talking to my mother today and she has never had a sign in her yard in any of the houses she and my father sold. I am wondering if this is a regional thing as I see for sale signs everywhere.

Anyway, is it required that if I hire someone to sell my house that I have a sign in my yard and also must I have a lockbox? I think I'll say no to the lockbox.

Will I find fewer realtors want to work with me because of my wishes? Thanks.

Originally Posted by mistygrl092

Good questions. I would not want the neighbor next door to know I am selling. The other neighbors I'd be fine with. However, since neighbors talk...

My reason for not wanting a sign is simple. I don't want this new neighbor sabotaging the sale of my house. I don't want him to decide to put pink flamingos in his front yard. The idea is to sell the house.

And the lockbox is, in part, because I have pets and two of them are yappy dogs and I would not want strangers in here with them when I'm not around to take them in the car with me somewhere. Plus, I am not exactly world's greatest housekeeper so I'd need notice if someone were coming - especially in this market where it could take a very long time to sell.

First you want to put your house up for sale but you don't want a sign so your evil neighbor won't know and won't be able to sabotage your sale. Now you want to put up a FSBO sign even though your house is not ready to sell, to get your neighbor to leave you alone?

My advice to you:

Quit over-thinking things. Forget about your neighbor and fix whatever you need to do before you can really sell your house. You're wasting effort interacting with your pesky neighbor and you're wasting energy discussing it on the Internet.

You should understand that we are in a declining real estate market and a matter of even a few months delay selling your house could cost you thousands or tens of thousands of dollars in terms of a lower selling price.

Get a licensed real estate agent and put your house up for sale in the conventional manner, and you'll sell your house sooner, get more money and you'll leave your nasty neighbor behind sooner.

I don't think you have to disclose the malevolent neighbor but that's just my opinion. Discuss this with your real estate agent at the time you are negotiating the agent sales contract. You should in fact interview 2-3 agents and ask them all what they think. Then you'll have some expert professional advice on whether this neighbor should be disclosed.

[rjrcm]

Perhaps this will help. Here is information from the Arizona Association of Realtor's legal council. Note the bolded last sentence.

...The seller has a duty to disclose known facts that materially affect the value of the home that are not readily observable and that are not known to the buyer. Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986). In addition, if a buyer asks a seller a specific question about the home, the seller has a duty to disclose all information, i.e. answer honestly, regardless of whether or not the seller considers the information material.

Disclosure of Felony in Vicinity of Home May be Required

Three months ago one neighbor shot and killed another neighbor in the street in front of the seller’s home. The seller believes that no disclosure of this crime is required because A.R.S. §32-2156 does not require disclosure of felonies. Is the seller required to disclose the shooting and killing of the neighbor?

Answer:

Probably. Under A.R.S. §32-2156 neither a seller nor a broker has any liability for failing to disclose that the home has been the “site” of a murder or any other felony. Paradoxically, if it is a material and adverse fact, a felony occurring in the vicinity of the home must be disclosed. In addition, disclosure of a material fact may be otherwise required by the seller and the brokers in the transaction. Hill v. Jones, 151 Ariz 81, 85, 725 P.2d 1115, 1119 (App. 1986); A.A.C. R4-28-1101(B). For example, a nasty and vicious neighbor is a material fact that generally must be disclosed.

[TFW46]

You say that you've had the police come out so the problem may not be so simple as personality conflicts. Does the neighbor not like pets or does he not like YOUR pets? If I were to buy your house and the neighbor harmed my pet -- and then I found out that you didnt disclose that he tried to do the same thing to your pet -- I'd be consulting an attorney.