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We're planning on putting our house up for sale within the next year or so.
Out of pure curiosity, do we have to disclose that the people across the street (owners, not renters, unfortunately) are flaming *******s and have no idea how to live in harmony with civilized people?
I mean, if the prospective buyers ask "So, how are the neighbors?" do I get to smile weakly and reply, "Oh, there are a lot of very interesting people on this cul-de-sac!" or do I have to say, "Well, the people across the street sometimes have up to 10 extra people living in the house, all of whom have cars and who clog up the available limited parking, but when you complain to the homeowners association, they tell them that they just have 'visitors' occasionally. Oh, and they like to have big parties with bonfires in the common area so the whole neighborhood smells like a forest fire. If you call the association to complain, they'll tell you that they've told them not to do that and if they do it again, just call the fire department. I do hope you like loose dogs, because they let their pit bull run around pooping everywhere. He's a really friendly dog but he'll pee on your tires at least once a day. And they LOVE to do topless yoga in the common area and smoke great quantities of illegal substances. But, I'm sure none of that will be a problem, right?? Right? Why are you getting in your car? Come back and look at the house again!"
Yes, I'm just ranting out of sheer frustration, but it IS a serious question. Am I required to answer honestly about problem neighbors? Or is it caveat emptor? I'd love to be honest, but I also want to sell the house.
IMHO there is no obligation to disclose anything about neighbors unless there is some sort of ongoing issue that affects YOUR property. The rest is not your business. In fact, if you do say negative stuff about them you could be liable for slander. You would have no idea that potential buyers might just like these people. Someone who is seriously interested in your house will probably do their homework or come by to see what the local activity is like.
You are only required to disclose that which is required by your state's disclosure form. However, if you are asked a direct question, you can't lie. You can decline to answer...but if your house is listed for sale you can easily absent yourself from the property so that you aren't in the position of being asked. Of course, any potential Buyer may find out anyway. Good luck with your neighbors.
You are only required to disclose that which is required by your state's disclosure form. However, if you are asked a direct question, you can't lie. You can decline to answer...but if your house is listed for sale you can easily absent yourself from the property so that you aren't in the position of being asked. Of course, any potential Buyer may find out anyway. Good luck with your neighbors.
I'm not an expert but in my understanding, some states require you to just answer specific questions on the disclosure form and some states also (in addition to answering specific questions) require you to disclose anything that can adversely impact the value of the home. Perhaps other states have different requirements as well. This is where things like this become a gray area. Where I live, you specifically must disclose things like nuisance neighbors. My view is that if there are formal complaints out there (e.g. to the police, HOA, etc), you could be on dangerous ground if you are required to disclose this and you don't. Even informal complaints, for example, noise complaints directly to neighbors could create issues. If the new owners go and complain and the noisy neighbors say "yeah the guy who lived there before used to complain all the time" this potentially could create problems too if you live in a place where things like this have to be disclosed. In other words, complaints make it black and white. It's hard to morally or legally argue that there were no problems if you've been driven to lodge complaints.
Ethically, I feel that if you are able to live with people's "quirks" and occasional annoyances without complaining, then it does not pass my personal test of generally being a nuisance or anything unusual. However, if you have complained multiple times, I feel that you should answer any questions truthfully in addition to fulfilling any legal (and ethical) requirements to formally disclose that your state may require.
I'm not an expert but in my understanding, some states require you to just answer specific questions on the disclosure form and some states also (in addition to answering specific questions) require you to disclose anything that can adversely impact the value of the home. Perhaps other states have different requirements as well. This is where things like this become a gray area. Where I live, you specifically must disclose things like nuisance neighbors. My view is that if there are formal complaints out there (e.g. to the police, HOA, etc), you could be on dangerous ground if you are required to disclose this and you don't. Even informal complaints, for example, noise complaints directly to neighbors could create issues. If the new owners go and complain and the noisy neighbors say "yeah the guy who lived there before used to complain all the time" this potentially could create problems too if you live in a place where things like this have to be disclosed. In other words, complaints make it black and white. It's hard to morally or legally argue that there were no problems if you've been driven to lodge complaints.
Ethically, I feel that if you are able to live with people's "quirks" and occasional annoyances without complaining, then it does not pass my personal test of generally being a nuisance or anything unusual. However, if you have complained multiple times, I feel that you should answer any questions truthfully in addition to fulfilling any legal (and ethical) requirements to formally disclose that your state may require.
Just my views.
This is a good answer. It is a grey area at least when asked on an internet forum. Our disclosure here has specific things to answer and in one part there is a question and some blank spaces. It asks for any other material facts about the house that haven't been asked about specifically. I would talk to your agent about this if there is written documentation that a new owner may look up such as reports to HOA or police. I don't feel I can really answer yes or no for you here.
Oregon doesn't require disclosure of nuisance neighbors since sometimes nuisances are personality and lifestyle conflicts. So what you do depends on what your state laws state you need to do. That said, if the buyer asked you directly about the neighbors, you can't lie. I've been doing this 14 years and it is rare for buyers to ask about the neighbors. Those that are concerned about it tend to hang out in the neighborhood at different times to get a sense of the area.
We're planning on putting our house up for sale within the next year or so.
Out of pure curiosity, do we have to disclose that the people across the street (owners, not renters, unfortunately) are flaming *******s and have no idea how to live in harmony with civilized people?
I mean, if the prospective buyers ask "So, how are the neighbors?" do I get to smile weakly and reply, "Oh, there are a lot of very interesting people on this cul-de-sac!" or do I have to say, "Well, the people across the street sometimes have up to 10 extra people living in the house, all of whom have cars and who clog up the available limited parking, but when you complain to the homeowners association, they tell them that they just have 'visitors' occasionally. Oh, and they like to have big parties with bonfires in the common area so the whole neighborhood smells like a forest fire. If you call the association to complain, they'll tell you that they've told them not to do that and if they do it again, just call the fire department. I do hope you like loose dogs, because they let their pit bull run around pooping everywhere. He's a really friendly dog but he'll pee on your tires at least once a day. And they LOVE to do topless yoga in the common area and smoke great quantities of illegal substances. But, I'm sure none of that will be a problem, right?? Right? Why are you getting in your car? Come back and look at the house again!"
Yes, I'm just ranting out of sheer frustration, but it IS a serious question. Am I required to answer honestly about problem neighbors? Or is it caveat emptor? I'd love to be honest, but I also want to sell the house.
I would refer you to the FREC, Florida Real Estate Commission.
Or, if you are listing with an agent, you should be able to get good guidance.
You might seek out BBronston, a Florida agent who posts here, and seems to have a pretty good grasp of most topics relative to Florida.
Just never be there when potential buyers are looking. It's pretty rare for me to ever meet buyers of property I am selling or to meet sellers of property I am buying. That's your agent's job, so you keep away during showings.
As a buyer who went after a seller for lack of disclosure, let me tell you that legal fees are no fun. When it doubt, disclose something that's significant to you but it can be brief. Now, a difficult neighbor to you could be the buyer's best friend and in the eyes of your difficult neighbor, you may be the neighborhood problem.
Again, legal fees are no fun.
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