My first time buyers bought this delightful Victorian whose sellers seemed wonderful as well. The sellers told us they hated to leave their home, most especially because they will miss their "wonderful" neighbors.

My buyers got to work in beautifying their home. And the husband started turning the basement into his workshop.

Two days ago, I had called them to find out how they're doing and to invite them to celebratory dinner that we had postponed.

SURPRISE!

My client told me of the shenanigans of the neighbor's wife who had called the police a few times since my clients moved. All her complaints were nuisance complaints, and even the police thought so, too.

NUISANCE COMPLAINTS

    • They were awakened on Sunday by police knocking on their door. Seems that on Saturday, the neighbor didn't like the dust caused by my buyers' sanding the new plaster wall. But neighbor waits until Sunday morning to call the police.
    • Neighbor calls the police a second time because she wants my clients to cut down a tree that is situated on the property line. It's been there since she moved --- so why pick this time to bully my clients into paying for cutting down the tree? She complained about the roots that were not even vixible.
    • She didn't stop with that one tree...she calls the police a third time. she wanted trees between the two properties to be cut because of some cockamamie story that they're causing ant infestation. Pollent and other debris fall on her roof. So she demands that they be cut. Funny thing, had she left those trees alone, they may have filtered the dust and prevented them from wafting over to her house
    • She is often heard screaming at her husband at night, complaining about the dust, the trees, the pollen, the neighbors. Had the trees stayed up, that sound could have been muffled.

 

DISCLOSURE ABOUT NEIGHBORS FROM HELL?

My clients are wondering how much of this problem the former sellers knew, and what could/should the sellers have legally disclosed?

When the sellers dropped by the house to pick up some mail that weren't forwarded, my buyers mentioned the nutty neighbor and how many times the neighbor has called the police.  The sellers must have known about her, because they said to just ignore her.

They knew?

SELLER PROPERTY QUESTIONNAIRE

On the California Seller Property Questionnaire has a section on the Neighborood as they refer to noice, nuisance and other problems such as neighbors.

 

 

 

 

 

But this wasn't disclosed....probably because the neighbor behaved differently towards other people?

Has anyone successfully filed a claim or sued a seller for non-disclosure about neighbors from  hell?

 
This post has been included in California Real Estate News Alameda County, CA Real Estate News
Post is included in group: BananaTude
Post is included in group: Diary of a Realtor
Post is included in group: The Vent
Post is included in group: "Whacked"!!!
Post is included in group: Bartender, Make it a Double

27 Comments on Neighbors from hell ---- MUST DISCLOSE!

20 Most Recent Comments Displayed Show All

AUG
31
2011
201,522 Points 7 Featured Posts Attended Rain Camp Called Shot Master

You cannot control the neighbors, beside that, the next door neighbor can rent their house and the neighbors could change any minute, it is tough when you have bad neighbors.  I don't know if you need to disclose that the neighbors are a pain.
11:57pm • #8
SEP
01
2011
596,136 Points 70 Featured Posts Outside Blog Called Shot Master

Pacita - WOW!!!  While I have seen and heard of that particular clause in the CA TDS, I have never heard of anyone suing for "neighbors from #%!!".  I'm going to park for awhile to see if anyone else has.  I'm really curious to see how something like that would play out in court.
12:31am • #9
596,136 Points 70 Featured Posts Outside Blog Called Shot Master

On further thought, I have known someone who did sue their neighbor for harassment but they weren't homeowners but rather tenants in a large complex.  If I remember correctly, one of the tenants even sued the property manager because they were part of the problem.
12:33am • #10
617,670 Points 60 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Tom --- when I do my Agent Visual Inspection, there is a section where I enter observations not just about the house itself, but the surroundings as well. I've noted observations such as hearing someone practice playing the drums next door. This kind of information may be pertinent and material fact as far as some people are concerned

Jon --- subjective can become factual depending on how the seller discloses it. For example, in this case, the seller could have said "next door neighbor has called the police 3 times in the last year to complain about ...."

Steve --- Since 1976, I've only had one neighbor from hell who was raising bull dogs and let their dogs and puppies poop in the enclosed area next to our townhouse. The smell was horrendous.

Chris --- my buyers did try that by accquiescing to the neighbor's demand to cut the tree on the property line, at their expense. They also got rid of other trees. Altogether, it cost them $3,000 in arborist charges. And they don't yell back. I told them the neighbor might be bi-polar.

Dick --- I've heard of a lot of horror stories about neighbors. One was even featured on TV about the Trial of John Kenney who killed his neighbor over a disputed boulder placed between their property lines. And this is in Carmel Valley. Talk about extremese!

John M. --- oh, neighbors from hell are there. Google it, and you'll see a lot of examples

Mary --- if this is considered material fact, shouldn't the seller disclose?

Donne --- if the problem persists, the buyers are considerering filing a lawsuit against the neighbor for harassment, and the seller for non-disclosure of material fact.

 

 

 
1:29am • #11
1,522,333 Points 275 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Good morning, Pacita....what a great point you make here.....if there's a situation that exists that would make a buyer change his/her mind about buying, it has to be disclosed....in this state that's a reason to sue.
6:25am • #12
179,441 Points 14 Featured Posts Called Shot Master

Sounds as if the neighbor from hell liked the previous owner and is making the new owners life pure hell.

Probably her bridge playing buddies.
10:43pm • #13
SEP
02
2011
617,670 Points 60 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Barbara -- let's put it this way. The new owners are concerned enough to ask how much the sellers knew and when did they know it? They're looking for some relief

Cameron -- that neighbor needs a wakeup call. Maybe have the police called on her for a change, for harassment?

 
1:40am • #14
SEP
03
2011
102,932 Points Called Shot Master

Pacita, what an unfortunate "mess" for your buyers'. I can't imagine anything worse than having a neighbor that is continually creating problems. Now, what are your buyers to do? Jump into the court system filing complaints with the police department, requiring a judge to figure it all out? I would move on.... If the buyers pursue any legal action, it would be against the former sellers for NOT disclosing, what they knew was a neighborhood "problem" and probably the reason that they moved!
2:14pm • #15
SEP
04
2011
197,309 Points

This addition to the sellers disclosure is preposterous and stupid in my opinion.  must have been trial lawyers that slipped this one in. people live on busy streets with traffic noise and it bothers some and not others. this neighbor is ridiculous, but so is this disclosur.Wow is all i can say. so sorry
7:52pm • #16
340,607 Points 8 Featured Posts Outside Blog Called Shot Master

This is a very interesting discussion. I'm not familiar with that disclosure and whether the former owners can be sued. What a nightmare for the new owners. Nothing like buying the house of your dreams and finding the people next door are crazy!
8:49pm • #17
570,707 Points 25 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Hi Pacita - I have a rule I tell my sellers:  If you have to wonder or ask if it should be disclosed, then disclose it.  It saves litigation and headaches later.
10:37pm • #18
617,670 Points 60 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Teri --- the sellers told us that they will "miss" their neighbors. Wonder if that was said tongue in cheek

Elizabeth --- guess you don't have the same disclosure requirements that we do in CA

Jill --- there are dangers that one may be subjective in one's disclosure. But there are also ways to disclose objectively. For example, in this case, if the neighbor had called the police on the previous owners, that probably should be disclosed.

Susan -- good rule!
11:43pm • #19
SEP
05
2011
300,008 Points 7 Featured Posts Outside Blog Attended Rain Camp

Great post Pacita and something I've wondered also. But what about the police? They have nothing better to do than this? Must be a peaceful town. I know our police would maybe come out once, but not all these times. Sounds like the town needs a code compliance dept. where these complaints can be made and resolved.
1:32pm • #20
229,179 Points Outside Blog Attended Rain Camp Called Shot Master

I am thinking that the cost of the tree removal as well as the inconvenience of the police vistis merits at least a quick visit to an attorney regarding possible claim against the sellers.
1:40pm • #21
466,570 Points 50 Featured Posts Called Shot Master

Pacita, the disclosure is clear. The sellers obviously knew if they said, "just ignore her." How disappointing to move in a new home and have to deal with neighbors from #$%^.  There are so many gray areas in our California disclosures. I have a question about a property I'm selling. Great post,
2:53pm • #22
1,126,396 Points 90 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Now I have to look to see if NEIGHBORS are in our seller's disclosure here in Pennsylvania! Unbelievable.
5:25pm • #23
127,853 Points 8 Featured Posts Outside Blog

This is a very interesting question Pacita!  I've never had this situation come up and would think that it is so subjective it may be difficult to win in court.  
6:31pm • #24
617,670 Points 60 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Sandy -- Alameda is fairly peaceful and quiet, That's why we like it here.

Steven -- if there are any more episodes like these, the new owners may go ahead and consult an attorney for undue harassment by the neighbor, and then go after the previous owners for non-disclosure

Pamela -- The sellers may  have known something but may not have known enough to disclose it.

Erica --- if you google neighbors from hell, you may find that this is a common problem

Sherri -- I'd be curious what it's like in other states
10:49pm • #25
SEP
10
2011
478,621 Points 36 Featured Posts Called Shot Master

It sounds like this woman has a drinking, drug or mental disorder, or all three. I guess the new owners could have a talk with the police, and the police can talk with the nasty neighbor, about wasting their time and filing false reports, if she continues to make unfounded complaints.
8:10pm • #26
565,371 Points 17 Featured Posts Called Shot Master

Pacita - interesing situation. We do not, to the best of my knowledge, have anything even close to that in our agreements...but maybe, we should.
9:18pm • #27

20 Most Recent Comments Displayed Show All

Login or register to leave a comment
 
Pacita Rainmaker_large

Pacita Dimacali - ePRO, SRES, CDPE, MBA Alain Pinel in Alameda County CA

Oakland, CA

More about me…

Alain Pinel

Address: 6211 La Salle Ave, Oakland, CA, 94611

Cell Phone: (510) 205-2992

Email Me



Listings

Links

Archives

RSS 2.0 Feed for this blog

Find CA real estate agents and Oakland real estate on ActiveRain.