Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Maybe I can clarify; the OP did some research, that's fine. But laws change and get amended etc. Many times they are not interpreting properly or only read what they want to read, that's human nature. As Realtors we cannot take the information/research they find and interpret it either. That's my point, not out in left field at all. Just saying as always that Realtor's (in this case as well, their buyer's agent who OP wants to know if he/she failed them) have to be careful with opinions so as not to overstep. There are many people who want to blame others without taking responsibility for what should have been theirs. I empathize with the OP, and believe my advice for her/him to consult an attorney instead of doing self research was valid. I was trying to stay on topic about what the OP should or should not do, and how limited his agent's responsibilities were in this instance. I'll stand by my comments about interpretations.
Actually I think it is an interesting topic for discussion. The issue really is something the neighbor doing NOT on the property in question be considered material or latent about THAT property...
That is all Brandon is asking. I don't see him interpreting anything. Interpretation would be "A material or latent defect has to involve the property itself and does not apply to neighbors." He didn't say anything like that. Asking a question is not interpretation.
Some states have noise disclosure requirements such as barking dogs in order to deal with this exact dynamic.
Actually I think it is an interesting topic for discussion. The issue really is something the neighbor doing NOT on the property in question be considered material or latent about THAT property...
That is all Brandon is asking. I don't see him interpreting anything. Interpretation would be "A material or latent defect has to involve the property itself and does not apply to neighbors." He didn't say anything like that. Asking a question is not interpretation.
Some states have noise disclosure requirements such as barking dogs in order to deal with this exact dynamic.
That's exactly what I'm asking Silverfall. I was hoping the OP would look at it objectively and maybe do a little research to help herself out. I'm not in a position to answer that question of whether it's material fact or latent defect, nor am I certain of which way it would go. I think an argument could be made on either side but perhaps Florida's disclosure form has something in place cover such issues.
I think Quilterchick still has it in for me from another post where I called her out for her saying she would hide information or something of the sort. Ironic when you think we're trying to have a discussion about disclosure.
Actually I think it is an interesting topic for discussion. The issue really is something the neighbor doing NOT on the property in question be considered material or latent about THAT property...
That is all Brandon is asking. I don't see him interpreting anything. Interpretation would be "A material or latent defect has to involve the property itself and does not apply to neighbors." He didn't say anything like that. Asking a question is not interpretation.
Some states have noise disclosure requirements such as barking dogs in order to deal with this exact dynamic.
Yes, it is an iinteresting subject: Note though that I was responding to this question to the OP by Brandon, : (Brandon to OP: " I'm asking if legally it would be considered a defect in the opinion of a court based on your research or previous lawsuits?")
My response to that was: (QC to Brandon: "As Realtors we cannot take the information/research they find and interpret it either. That's my point, not out in left field at all. Just saying as always that Realtor's (in this case as well, their buyer's agent who OP wants to know if he/she failed them) have to be careful with opinions so as not to overstep.")
We are not qualified to ask for interpretation of legal research done by a layperson online. Only an attorney can read court's opinions and give the OP an interpretation of the research the OP did online of previous lawsuits.
It would be similar to a Realtor doing the same research online and giving the results to a client. We cannot go there. (This would be a good topic to bring up at a continuing ed class, as to whether a Realtor can take the opinion of a layperson's online research on legal questions.)
PS: The seller had to know there was a nuisance/noise problem with this abutting neighbor; and did not disclose either in writing or to his listing agent.
Last edited by QuilterChick; 01-09-2011 at 07:21 AM..
Reason: added a PS
Yes, it is an iinteresting subject: Note though that I was responding to this question to the OP by Brandon, : (Brandon to OP: " I'm asking if legally it would be considered a defect in the opinion of a court based on your research or previous lawsuits?")
My response to that was: (QC to Brandon: "As Realtors we cannot take the information/research they find and interpret it either. That's my point, not out in left field at all. Just saying as always that Realtor's (in this case as well, their buyer's agent who OP wants to know if he/she failed them) have to be careful with opinions so as not to overstep.")
We are not qualified to ask for interpretation of legal research done by a layperson online. Only an attorney can read court's opinions and give the OP an interpretation of the research the OP did online of previous lawsuits.
It would be similar to a Realtor doing the same research online and giving the results to a client. We cannot go there. (This would be a good topic to bring up at a continuing ed class, as to whether a Realtor can take the opinion of a layperson's online research on legal questions.)
PS: The seller had to know there was a nuisance/noise problem with this abutting neighbor; and did not disclose either in writing or to his listing agent.
We are not qualified to ask a layperson whether or not their research showed a court leaning either way?
I think your interpretation of Brandon's question is way out there, so we'll just have to disagree. He offered no interpretation and merely asked if she had an interpretation based on what she found. Lay people can interpret whatever they want based on their research. Would it be a wise interpretation? Who knows, but they are entitled to form an opinion. Brandon didn't say he was going to take her opinion of her research and spread it out all over online as fact. Not sure where you are getting that anyone said a Realtor would take the opinion of a layperson.
And of course the seller knew about the noise problem. That isn't the issue. The issue is whether or not it is disclosable as a material fact in this situation. Oregon doesn't have noise disclosures because what if the seller was best buds with this neighbor and was not disturbed by it? Noise disclosures are a slippery slope, in my opinion, and here we just encourage our buyers to hang out and drive through the neighborhoods during different times and days because one person's noise nuisance might be another person's heaven.
We are not qualified to ask a layperson whether or not their research showed a court leaning either way?
I think your interpretation of Brandon's question is way out there, so we'll just have to disagree. He offered no interpretation and merely asked if she had an interpretation based on what she found. Lay people can interpret whatever they want based on their research. Would it be a wise interpretation? Who knows, but they are entitled to form an opinion. Brandon didn't say he was going to take her opinion of her research and spread it out all over online as fact. Not sure where you are getting that anyone said a Realtor would take the opinion of a layperson.
And of course the seller knew about the noise problem. That isn't the issue. The issue is whether or not it is disclosable as a material fact in this situation. Oregon doesn't have noise disclosures because what if the seller was best buds with this neighbor and was not disturbed by it? Noise disclosures are a slippery slope, in my opinion, and here we just encourage our buyers to hang out and drive through the neighborhoods during different times and days because one person's noise nuisance might be another person's heaven.
We will agree to disagree, but my entire answer to the OP's question revolves around whether or not the agent failed the OP. I say, no, the agent did not fail the buyer.
Turn the sentence around, "Based on your research or previous lawsuits, I'm asking if legally it would be considered a defect". Very good debate ... I just like to avoid the general public thinking we can give opinions on law they looked up online. It's only my paranoia of spreading wrong info kicking in. T-t-t-t-that's it folks.
Here is a link to the Florida MLS Real Property Disclosure Form.
We will agree to disagree, but my entire answer to the OP's question revolves around whether or not the agent failed the OP. I say, no, the agent did not fail the buyer.
Turn the sentence around, "Based on your research or previous lawsuits, I'm asking if legally it would be considered a defect". Very good debate ... I just like to avoid the general public thinking we can give opinions on law they looked up online. It's only my paranoia of spreading wrong info kicking in. T-t-t-t-that's it folks.
Here is a link to the Florida MLS Real Property Disclosure Form.
Our opinion has been established that the agent did not fail the OP. The discussion has moved past that point. You're right, we'll agree to disagree.
OP, my question remains to you though. What have you found out about required disclosures regarding neighbors and noise? Is it considered a defect or not?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
T-t-t-t-that's it folks. 
