Realtors are typically diligent when it comes to making sure we have full property disclosure from our sellers. The days of “Buyer Beware” are long gone and have been replaced with full disclosure. Each state has its own laws regarding disclosures so the forms vary state to state. Basically, any material fact that would affect the buyer’s decision to buy or influence the price and terms of an offer must be disclosed. The form approved by the Florida Association of Realtors consists of five pages with additional disclosures to cover disclosure of mold, sink holes, etc.
I’ve always felt we pretty much have a form to disclose
most any material fact that can possibly arise,
except one: the neighborhood bully.
Consider this situation …
Earlier this year a single mother with two young children purchased the home next door to mine. For the sake of this story, let’s just refer to her as Karen.
Well, unbeknownst to Karen, directly across the street from her new home lived the most dreaded of all neighbors – the neighborhood bully! As it happens Karen had no idea that the bully was a contributing fact in the previous owner’s decision to sell.
The previous seller, let’s call her Linda, was tormented by the bully across the street for years. The bully neighbor is malicious and 
would frequently yell obscenities at Linda, use binoculars to peer inside her windows, send hateful mail to her, and reported Linda to Animal Control as a “neglectful dog owner”.
Linda lived in distress and was scared to defend herself or stand up to the bully for the fear of increased attacks and retaliation. Linda became more vulnerable, the bully more aggressive. As the situation worsened, Linda gave up and decided to sell the house.
Initially, the bully did not bother the new owner Karen. But not long after Karen and her children settled in, the bully again showed her ugliness. The bully turned her rage and venom on the newest victim. The bully once again began yelling the obscenities at Karen with no regard for the presence of the young children. In fact, the insults were defamatory and the yelling frightened the kids. The bully would yell things such as “you are a bad mother” or “your mother is trash”. At times the yelling is so out-of-control that the children are not able to play in their yard.
With the help of a few neighbors, the bullying is somewhat muted for the time being but who knows when the bully will snap and embark on another tirade.
A few weeks ago, Karen approached me about the selling the house. She is weary of having to deal with a bully and wished she had known about the bully before she bought the property.
Should the presence of a bully be
disclosed in the property disclosure?
While many readers may think, “oh I can handle a bully” yet how many people would be willing to purchase a home knowing the neighborhood turmoil likely to be faced on a daily basis? Isn’t the presence of a neighborhood bully a material fact when the Right to Quiet Enjoyment is threatened?
Perhaps Karen would have purchased the house with full knowledge of the bully across the street but I honestly don’t think so.
And if Karen wants me to list the house, well, I don’t know….should the bully be disclosed?
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