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I See Another Addendum Coming

I'm psychic -- my husband might say I'm psycho, but that's a whole different post.

I'm like, um, Carnac the Magnificent (am I dating myself, or what?) because I see yet another Addendum being added to our already overwhelming Residential Contract of Sale.

close-up contract Let's see, we already have upwards of 30 plus pages (contract and assorted addendae) that we need to explain in detail to our deer-in-the-headlights-looking clients and now it'll be 30 plus plus.

Did you hear about the buyer that is suing the seller of an Arizona home the buyer bought nearly three years residential contract of sale ago because the buyer felt the seller should have disclosed to him that the property was located next to a psycho? No, not a psychic -- like me (because that might be kinda nice, if you really think about it) but a psycho. Allegedly, the crazy neighbor likes to steal things from her fellow neighbors' yards and smash them in the street. She also is (allegedly) fond of standing in front of her own home and screaming obscenities at the top of her lungs. Additionally, she pelted the seller with potatoes (huh?) just 5 days before settlement! Somehow you knew it was a woman, huh? (Yep, you got it -- another post). Anyways, the nasty neighbor is making life unbearable for the buyer and the rest of the neighborhood and the buyer feels like he was taken advantage of.

It gets even better.

The buyer is a real estate agent. The buyer is suing the seller. The seller says he was confused at the time and specifically asked his agent if he should disclose the situation w/the neighbor. The seller says his agent told him not to disclose. The seller is suing the listing agent.

So...Carnac the Magnificent sees...hmmm (looking into crystal ball)...an additional numbered paragraph in the 11-page Contract followed by a detailed addendum that reduntantly spells out...(yes, that's it!) the required disclosure. The title of that addendum is coming through now; I think the addendum will be titled Notice to Buyer -- You May be Purchasing Next to a Psycho.

Bye for now; I'm off to disclose (disclose, disclose) to my clients that I am indeed a psychic.

Posted by Lanette Branch, - Bel Air, MD REALTOR on 04/03/2008 07:25 AM

Comments (60)

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60 Comments on I See Another Addendum Coming

APR

2008

That is funny! Not for the people involved but it made me laugh...I think we should have that adendum.

Why doesn't the buyer have the neighbor arrested! It seems like there are more than a few things they could get her on....petty theft...destruction of property....there's got to be one for yelling obscenities....or do they just want money?

Yep, Chuck, we'll just add that addendum to the pile!

Pam, I'm thinking the buyer just wants to peacefully enjoy his home, but who knows? It may be a money issue?

I'm so glad my neighbors have some common sense and are really cool people to live near.

Isn't that silly! In Arizona, do you need to disclose that it is hot?

I can see where the buyer is coming from. No one should be put in harms way (via potato pelting). However, I believe it is the buyer and the selling agent's responsibility to research the surrounding neighbors and neighborhood.

I will keep an eye out for that Preemptive Psycho Proximity Purchase Disclosure.

HaHaHa! You're a funny guy, Chris...we can call it the Pee Pee Addendum for short!

Amazing. I can read the addendum now......."It is the Buyers responsibility to conduct his/her own due-diligence as to the history of the property and community whether negative or positive as to the overall present or future value. Buyer agrees to hold harmless agent and broker from any and all law suits that could subsequently be filed charging failure to disclose such issues aforesaid. Agent makes no representation as to the future monetary value nor represents a guarantee for quiet enjoyment of said property. Thus......hither.....forth......sayeth.......GOD! (something like that :))

Hey Robert--

ROTFLMAO!

I just need someone to explain the potato thing to me. What's up w/that?

APR

2008

Pam, I'm with you. Why not have him/her arrested? What we don't need is more paperwork. A word from the wise...me.:-) "Never answer the questions on the sellers disclosure". I never even witness it. That's one doc you are better off not commenting on, my opinion.

I would rather they disclose now instead of waiting for something down the road to happen...you can always sue...but you can't always win.

I'm getting a vision.... Yes I see that new addendum too... TOOO FUNNY! Thanks! Steve

Michele - The buyer/homeowner should have her arrested so that she can get the help she so desperately needs. Looking at the big picture, though, I think we're looking at another CYA addendum!

Neal - As real estate professionals, we really do need to disclose, disclose, disclose (and advise our sellers to do the same) but where does the madness end? Did you see Chris' comment about disclosing that it's hot in Arizona -- seriously!

Steve - That addendum you're getting a vision on...what's it called????LOL!

Lanette here in Tennessee we have a 'disclaimer form' the is signed along with the purchase and sales agreement which basically says that I know nothing! It's a two page form that I commonly refer to as the 'I'm an idiot and congratuations you just bought a home' form. Most people just chuckle as we go through the form today. But hey I should be grateful we aren't at 30 plus plus pages yet!

Oh by the way Bel Air is such a lovely place. My sister's husband is from there. Great place!

All the Best

Kathy Fisher sells homes in Lexington TN

This wonderful post made me laugh as well, but it is something to watch. The outcome could impact all of us. . . We're not 30 plus pages but I can see that coming as well. Crazy!

The old saying is, " If in doubt disclose" The property may not quickly but you won't have the problem later to deal with.

LOL! I had a neighbor who would call the cops if my children were present in the middle of the day. The cops would come and hear normal children playing sounds and shrug and leave. They would also spray me with a hose if I was talking on the phone in the backyard. My husband thought I was kukoo and shrugged it off. Until they threw rocks into his freshly cleaned pool. Our solution was to buy a house that backs up to no one. Never thought about suing the seller or even disclosing the poo heads that lived behind me! :)

Lanette, OMG, you and I must share a brain. I say the EXACT same thing to my husband, and every time something happen, I always say, here comes another piece of paper. Maybe we were separated at birth? Funny. Anyway, on our contract it has the part about criminal activity, maybe they could add crazy neighbor to that too!!? LOL

Lanette: You are probably right that there will be further addendums to deal with. I can remember when all he had was the contract. Remember: "press hard, there are 5 copies" Hmmmmm.... am I dating myself now? Anyway, I believe that we can't possibly disclose everything that could maybe be wrong with a property, neighborhood, town, county, state, etc... I believe that, at some point, the buyer must beware. They need to do some investigation of their own and buyers agents need to advise their clients of this. As for this situation (as I look into MY crystal ball) I see the court ruling that this cannot be disclosed as the mentally ill person is a protected class and "disclosing" her living in the neighborhood would be like saying how many Hispanics or African Americans live in a neighborhood. I feel sorry for the neighbors, but I feel more sorry for this poor lady who is mentally ill and is in need of help. She shouldn't be the butt of a joke. BTW... I am the parent of a severely mentally ill adult daughter. If you would like more facts about how you can help the mentally ill in your community, please go to NAMI and find out more. Thanks :-)

The answer is YES.

If there is a switch, switch it.

If there is a lever, lift it.

If there is a lawsuit, create another addendum.

Lanette,

You are probably right on the new Addendum. I am so old that I can remember when I started in Real Estate, we only had a 3 page EM and that was it ! Disclosure was totally optional and most people didn't bother ! Ahhhhh.the good ol days !

We need an addendum that "Your agent is not a private investigator, a police officer, a judge, a shrink, or a priest. Your agent watches the news, reads the newspaper, works 70 hours a week...but is not God. If you fall down the stairs while your agent is showing a home, I hope the agent didn't push you...."

People do not accept anything anymore. Everyone wants to hit the lottery via a frivilous lawsuit making the lawyers rich and the rest of us frustrated.

Once again, I'm reminded that it not only take all kinds, but there ARE all kinds. I say this for both the buyer and the neighbor. The buyer is creating a ruckus that will lead to yet another unneeded addendum. Can someone say, "Read the feasibility statement"? And of course the neighbor who is so elequently dubbed as psycho. Where are Janet Leigh and Anthony Perkins when you need them? :)

The seller has a duty to disclose anything that would materially affect the property- and in my opinion this does. It also affects the buyers right to peaceful enjoyment. I support the buyer (Realtor or not). The seller and the seller's agent are responsible and should be held accountable. Would the buyer have purchased the property had they known there was a psycho next door? Doubtful. Good and humorous post Lanette.

ps I loved Carnac!

Buyer-WHO IS A REAL ESTATE AGENT wants to sue the seller of a house he brought nearly three years ago because the seller didn't disclose to the buyer that the next door neighbor is a psycho? Are you kidding me?

Ah Lanette -- A crystal ball and psycic powers are essential in this industry. . .

The agent should have disclosed that on the listing, how about Psycho agent addendum..

Fun post Lanette! It will be interesting to see how this pans out. I wonder if the psycho person will have to be adjudicated for the lawsuit to hold water. I mean, there are some people who seem psycho to me because we simply don't get along. Then there are people who seem psycho to me because they do things like throw potatoes at their neighbors. Finally there are those people I think are psycho because a judge has said the same thing and decided to put the psycho person in a place where they can be taken care of and will not be hurting others. How far will your psycho addendum have to go? :)

LOL F-u-n-n-y !!! But it's true...the paperwork never stops.

wow what a trip

That is so messed up! I'm telling ya it the lottery generation - suing everyone and anyone about anything and everything. Good to know, thank you for sharing.

Lanette, what an interesting read. I wonder if the buyer would still sue if the home went up in value the amount that they originally expected it to?

Here in Texas we have an 8 page listing agreement, plus 5 page sellers disclosure, plus 1 page lead paint disclosure,plus 2 page mls data sheet.So your 30 pages makes me feel better about all the paperwork I have to do!

Ps A lease agreement is 15 pages. And no I DON'T want to do yet another page, but if it stops a lawsuit, I'll gladly shove it in front of them.

It seems then we would need all phsycos to be registered so that the buyer can call a hotline and find out where they are located! Unfortunelty, you never can control your neighbors, it is just a fact of life and buying a home.

Seller should have disclosed it. A friend of mine who sold a house in CA had a similar situation and their agent said not to disclose. Seller and agent were sued and lost. If you have to ask whether or not to disclose, the answer should be yes. It's a crazy world out there and you have to cover your ass.....etts!

BaHa! That's funny, Joe!

Some of us have more assets to cover than others, though...

Ha that's all I can say

Where on a disclosure would you put THAT neighbor on. That's under the heading of "check the area out yourself" before you buy. She didn't just become (different) overnight. And that 30 pg contract. Are we going to get discounts on ink. Someone say Easy Button.

Lanette,

Congrats on the feature. Maybe the neighbor is on to a new invention, "The Potato Pelter 3000: This tuber triggered tornado of fun gets taters flying fast! A quick release firing mechanism, adjustable to support both baking and boiling potato varieties. Harm your neighbor, uncle, boss - - - the possibilities are endless!"

Okay, maybe I'm the psycho... :)

Hi Audrey,

Stop it! You're killing me! That's hilarious; your creativity is mind-boggling. You gotta market it!

BTW, lots of positive feedback on that staging project...thanks again.

Tony - that's funny but we may come to that!

What a situation and yes we probably will have to have some type of form down the road if the Lawyers think it's doable!

Kathy

Sounds like a candidate for the Rotten Neighbor website.

Ok so we have a guy in our neighborhood who likes to mow the lawn in just a pair of short shorts, and it's not pretty. Coming around the corner to "Yikes now I've got to boil my eyes" should no doubt be disclosed to the poor unsuspecting Buyer. Especially if they have children. It could stunt their growth or something. And this is Florida where the pages of disclosures way out number the pages of the contract. Should be a pretty interesting lawsuit which, after many lawyers have been paid, will likely establish another precedent on what we can and CAN'T disclose. Thanks for the laugh -- great way to end the day!

Psychic psycho, that's it... we have an a right to farm addendum in Skagit County, a mostly rural county so it's really a your neighbors may smell bad addendum

In Arkansas our disclosure form already asks if there are any neighborhood problems that might affect the home. Those people would have needed to mention the crazy neighbor. Good and interesting blog.

Hi Lanette, that was a very funny story. Sad, but funny non the less. I guess, the listing agent, should have followed one of the golden rules of real estate: "If in doubt, disclose!"

My buyers often ask questions of the neighbors during the inspection period....

Followed by page # 4,929 Possible alien abduction area Disclosure . Sheesh!

I always encourage my buyers to talk to the neighbors. It's on my checklist. Now we have to evaluate the mental condition of neighbors. I'm not qualified.

When I saw your title I got concerned and thought you were talking about one of my current deals but luckily there are no potatoes being thrown and we are in different states.... At the moment, there is just a coma involved (just a coma) - I am not kidding!

Hi Lanette, I am in Cecil County so I know how insanely long are contracts are. I would imagine they will stick it in the part that says it is not our responsibility to track down all of the sex offenders and that the buyer must research that info if it is of a concern. Although how would you determine where the psychos are located?

APR

2008

Read about this and posted about it too. It's crazy.....She needs helped....I don't think she's a psycho though.

APR

2008

I know, I'm late. But you're right....I see an addendum too!

Lanette, I remember reading that post! I had no idea the buyer was a Realtor. Wow, don't you know they are furious! Move to Alabama girl, we have a ONE page contract, lol....buyer beware state, no disclosures. Sad, but true!

APR

2008

I just thought of something Lanette-One person's psycho may be another person's best friend!

JUL

2008

It was a year after my closing before finding out the neighbor tried to run over the guys doing the survey for my closing (I have police report...assault with deadly weapon (CAR), the surveyors didn't press charges, so the nut didn't go to jail) - hello, I would have walked away from the purchase in a heartbeat if I had been told. Didn't take long to find out what a kook she is, surrounded on all sides by the same family who think they own the neighborhood - so, just dealt with them and all has been well UNTIL Nov when I was sitting outside at 6am having my morn coffee before work - out she comes aiming flashlight in my eyes telling me to get out there and clean up the mess I made (???), have no clue, except did have sod put down and they were out harrassing the sodguys. Her house is a garbage pit, lawn grows 2 ft before mowing, no driveway, just overgrown grass thru shell put down years ago. She put out 2 toilets a couple years ago when someone was trying to sell the vacant property next to her, as well as strung up a line of clothes (long johns, briefs, etc) and left them there for over a year. I have tried to ignore all this - have put 10's of 1,000s $ in my home and landscaping AND I will never be able to sell....because of this nut - SO, I do not at all see where the lawsuit in AZ is particularly entertaining. This issue has taking a toll on me, being a single woman. A prior owner of my home (2 owners ago) was in my driveway talking to me a few years ago AND the nut's mother ran out and screamed "get off my property!"

Any suggestions other than what is deemed to be a silly lawsuit against the real estate company who should have told me the neighbor tried to run over the surveyors just days before I closed?

All of the addendums and added papers over the years is to do one thing and one thing only... CYA!!!

I must be psychic too. I see more finance addendums in our future.

How is she Psycho? On a hot summer night, sitting on the porch, drinking a beer or two, I would call that entertainment. Pelt me with potatoes, I would likely take them in, cut them up and make a batch of french fries?

Last summer I got chased by a bee. I was running around yelling, likely cussing, to get away. To one that does not know me, I likely looked like a psycho. So sue me????

I'd say the buyer needs to investigate the area they want to live in. Potentialy we all have the moments where we are "psycho".

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