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Old 04-01-2008, 04:16 PM
 
Location: The Big D
14,862 posts, read 42,873,839 times
Reputation: 5787

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Quote:
Originally Posted by Greatday View Post
In a word? No

The Federal Fair Housing Act would prohibit such actions
Yes, BUT this suit could pose a problem IF it does go thru. Should the seller be made to notify the neighbors that the new owner has a mental condition? Could they be sued if they did not? Then you have the flip side saying that by disclosing such is making their condition public knowledge - the "mental" neighbor could sue the seller for making their condition known to people they don't know. What IF the neighbor is crazy but the seller has never witnessed such behavior and the first time it happens in public is in front of the new owner/buyer? What IF the neighbor was fine mentally and suffered from an accident or other problems facing us as we age that changed them? Could the owner who would be the seller not just sue the mental neighbor for making their property worthless and hard to sell because of their mental condition? Just too many "If's" in this one. Like I said, a HUGE can of worms could be opened w/ this one.
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Old 04-01-2008, 04:23 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,258,323 times
Reputation: 4937
Quote:
Originally Posted by momof2dfw View Post
Yes, BUT this suit could pose a problem IF it does go thru. Should the seller be made to notify the neighbors that the new owner has a mental condition?
Sorry - your facts are backwards.

The Fair Housing Act protects the buyer - not the seller. The law specifically prohibits what you describe.

And, what you describe is not an issue in this case.
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Old 04-01-2008, 04:25 PM
 
Location: Placer County, Ca
111 posts, read 463,078 times
Reputation: 51
Ca transfer disclosure statement : Are you (Seller) aware of any of the following: Neighborhood noise problems or other nusiances? __no __ yes, explain any yes answers
(line 11 page 2 CAR TDS form)

We love disclosures in Ca ;-)

We also have a section telling the buyer to check the Megans law website for sex offenders in the neighborhood during their inspection period.
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Old 04-01-2008, 04:26 PM
 
Location: The Big D
14,862 posts, read 42,873,839 times
Reputation: 5787
Quote:
Originally Posted by Greatday View Post
Sorry - your facts are backwards.

The Fair Housing Act protects the buyer - not the seller. The law specifically prohibits what you describe.

And, what you describe is not an issue in this case.
Yes, I am very aware that it protects the buyer.

I'm not taking this whole issue seriously at all though. Just tried to say that it COULD pose a problem IF someone wanted to push it IF this case goes thru. It may not be an issue in THIS case but it does and can play a part in how "odd" neighbors are viewed and who is repsonsible for notifying whom if there is one or could be one.
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Old 04-01-2008, 04:26 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,258,323 times
Reputation: 4937
Quote:
Originally Posted by ColfaxTeri View Post
Ca transfer disclosure statement : Are you (Seller) aware of any of the following: Neighborhood noise problems or other nusiances? __no __ yes, explain any yes answers
(line 11 page 2 CAR TDS form)
Similar in Az

AND, this is the main thrust of this case.
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Old 04-01-2008, 04:28 PM
 
Location: The Big D
14,862 posts, read 42,873,839 times
Reputation: 5787
Quote:
Originally Posted by Greatday View Post
Similar in Az

AND, this is the main thrust of this case.
BUT, there could be a case where the neighbor that was the " nusiance" was only one to the person that was selling their home. They could have had a run-in at some point and time and the "odd" neighbor acted like a butt everytime he saw the other guy. Who is to say that he would do it to the new neighbor/buyer?
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Old 04-01-2008, 04:31 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,258,323 times
Reputation: 4937
Quote:
Originally Posted by momof2dfw View Post
BUT, there could be a case where the neighbor that was the " nusiance" was only one to the person that was selling their home. They could have had a run-in at some point and time and the "odd" neighbor acted like a butt everytime he saw the other guy. Who is to say that he would do it to the new neighbor/buyer?
The facts alleged here seem to indicate it, and has been, an on-going problem - for sometime - for the neighborhood.
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Old 04-01-2008, 04:36 PM
 
13,784 posts, read 26,249,698 times
Reputation: 7445
I would keep my mouth shut, sell the house and get the heck out of there! The new owners may get along just fine with your odd neighbor.

I know of only one coo coo couple in my neighborhood and they just have a hard time all over. They moved from one house in the neighborhood to another and when they moved from the first house, the other neighbors on the street had a party to celebrate their departure! How sad.
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Old 04-01-2008, 05:10 PM
 
27,214 posts, read 46,741,218 times
Reputation: 15667
Before I make an offer I look on the sheriffs website. Here in Florida we even have the neighborhoods on it and you can see a lot only incidents with minors are with hold from addresses but still the neighborhood where the incident happened is described. I also go more than once to drive by on different times, not for neighbors (neighbors can be nice and move and you can get bad onces instead) only but also for other things like sounds of frogs, other bugs, car noise, etc. In my neighborhood there are some very nice huge trees in peoples backyard and in the beginning I wished I had that nice view, but from March until September, October the noise that starts at aprox. 8 pm is pretty loud and caused by some bugs. Millions of bugs who live in these trees and make a sound as loud as the busy road behind these houses. Odd neighbors!
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Old 04-01-2008, 05:41 PM
 
8,754 posts, read 10,167,831 times
Reputation: 1434
In my state, we as realtors are not allowed to inform a buyer that a sex offender lives in the neighborhood, even if we are asked about it. The most we can do is provide the state police website and tell them to check it. The rationale for this is that maybe there had been a sex offender, but they had since moved on, so you shouldn't say for sure because it would stigmatize the seller's property. This sort of bothers me though. I am sure that if you can't disclose something like this you cannot disclose an "odd" neighbor.
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