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Neighbors from hell ---- MUST DISCLOSE!

By
Real Estate Agent with Alain Pinel BRE 01367196

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?

Comments(27)

John M. Scott
BRE # 01442690, Scott Keys Properties - San Francisco, CA
Broker / Owner San Francisco Bay Area

Pacita, I've never seen neighbors be a problem. But I have heard from renters about a crazy guy in the neighborhood who harasses them. I didn't know about the guy - don't know if the previous renters thought he was a problem. But it falls in the same category.

Aug 31, 2011 03:41 PM
Mary Macy
Top Agents Atlanta Metro - Roswell, GA
Top Agents Atlanta Metro

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.

Aug 31, 2011 04:57 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

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.

Aug 31, 2011 05:31 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

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.

Aug 31, 2011 05:33 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

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.

 

 

 

Aug 31, 2011 06:29 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

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.

Aug 31, 2011 11:25 PM
Cameron Wilson
Labrum Real Estate - Murrieta, CA
The Short Guy - Murrieta,Temecula,Menifee Californ

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.

Sep 01, 2011 03:43 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

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?

 

Sep 01, 2011 06:40 PM
TERI LINDSAY
Reno, NV
STAGELIGHT HOME STAGING CO.

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!

Sep 03, 2011 07:14 AM
'The Diamond Group' 'A Cut Above The Rest'
The Diamond Group @ Keller Williams - Lubbock, TX
Lubbock Texas Real Estate

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

Sep 04, 2011 12:52 PM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

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!

Sep 04, 2011 01:49 PM
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

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.

Sep 04, 2011 03:37 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

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!

Sep 04, 2011 04:43 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

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.

Sep 05, 2011 06:32 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

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.

Sep 05, 2011 06:40 AM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

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,

Sep 05, 2011 07:53 AM
Sherri Berry
Reliant Realty, Murfreesboro - Murfreesboro, TN
Murfreesboro TN Homes & Real Estate

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.  

Sep 05, 2011 11:31 AM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

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

Sep 05, 2011 03:49 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

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.

Sep 10, 2011 01:10 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS

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.

Sep 10, 2011 02:18 PM