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Could a young tuba student become a disclosure issue in a condo?

By
Real Estate Agent with RLAH@Properties AB95346

So, today I was meeting my seller client at a new listing, and I dropped by early to make sure we were ready for prime time - we go on the market this weekend. 

And then I heard it.  A  very low tone, like a few octaves below middle C.  It sounded just like a newbie tuba student practicing long tones.

Yikes!  This is clearly not what anyone I know would want as an upstairs neighbor!

But after about fifteen minutes, I decided it was something other than a musical instrument.  As a musician, I remember practicing long tones, and I've never known anyone to play the same note over and over for more a very short time.  This sounded more like moaning plumbing, or perhaps furniture being slowly dragged across a rugless floor.  And it did finally stop.

I'll be back tomorrow morning to put the finishing touches - staging the fridge, adding a couple of rolls of TP and cleaning off some debris on the balcony. 

If the "practicing" starts up again, do I investigate?  Should I bribe the budding young tuba-ist to practice up on the roof terrace for the duration of my Open House, or should I disclose prospective buyers that a rookie tuba player lives upstairs and practices enough to be aspiring to play principle in the National Symphony?

What would you do?  OK!  Be honest here!

 

Comments (45)

Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

That is a new one for sure.  I agree with going the HOA route.   

Jun 14, 2015 02:36 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

It sounds like the consensus is to disclose, and I agree. Since you haven't actually seen or talked to the tuba player, you can only assume that's what you heard. Of course being a musician, I'm sure you're most like right, but without a visual, you can only disclose what you know. You heard a noise that sounded like a tuba player practicing. It could have been a student visiting for the day or weekend. It's an interesting one.

Jun 14, 2015 02:42 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Think I would try and figure out the noise. Possible ask seller. If property has been vacant I would run the water, toilet and showers to see if you could recreate the noise. Ask a neighbor if they hear it.

Jun 14, 2015 04:21 AM
Virtual Realty Consultants
Virtual Realty Consultants LLC - Wellesley, MA
Making the American Dream a Reality

Noise is subjective, just like judging neighbors or determining what a "quiet" street is.  I certainly wouldn't go out of my way to cover up the source of the noise during my open house, but a simple enquiry of the owners could be documented for your files to CYA.  I don't think this would rise to the level of a material disclosure or deficiency requiring disclosure on the part of the agent or the seller in MA based on what you've described.

Jun 14, 2015 05:44 AM
Margaret Woda
Long & Foster Real Estate, Inc. - Crofton, MD
Maryland Real Estate & Military Relocation

'Seems to me that #1 would be to figure out what the sound really is. You can't really make a decision about what to do until you know what it is. Next question... is it something within your control or the seller's control? Is it a material fact or latent defect? (In MD, that answer determines whether the obligation to disclose is yours or the sellers.) I know you've probably already done all of the above.

Jun 14, 2015 06:49 AM
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
Retired New Hampshire Home Stager

Congrats on the Feature. Very interesting question. You've gotten some great answers too!

Jun 14, 2015 07:25 AM
Janis Borgueta
Newburgh, NY
Retired RE Salesperson

I truly don't believe it is our job to be the noise police. If we need to disclose all the noise in such a building, wouldn't we then be responsible to disclose that any condo could have a pianist, guitarist, or tuba player move in the next day. That would mean we would need to review the "potential" for such noise to be part of a condo purchase. 

Jun 14, 2015 10:50 AM
Patricia Kennedy
RLAH@Properties - Washington, DC
Home in the Capital

OK, this weekend at the Open Houses, I found out from the neighbors that it's not a tuba.  The funny sounds were from neighbors on the fourth floor are renovating, and whatever they're doing to the plumbing makes a tuba sound.

Whew!

Jun 14, 2015 12:22 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Patricia Kennedy - any distraction could impact the price of the place - be it budding musician or a rifle range mile away!

Sure find out what's going on there as you get ready. Ask the sellers - they surely will have some idea.

All the best --- is much needed, correct?

Jun 14, 2015 02:39 PM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

How about drums?  Or something more shrill like a piccolo?  Should it be a disclosure issue?

Jun 14, 2015 07:02 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I disclose. I BTW. I tell it. I detail it. Why? I dont want any Aye Yai yais's later on

Jun 14, 2015 11:07 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Pat -- in California -- when in doubt, disclose...disclose...disclose....

If you were a prospective buyer - what would you want to know?

 

Jun 14, 2015 11:19 PM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

In California no question - disclose. I'm glad you learned the source of the noise; its temporary nature should alleviate buyers' fears.

Jun 15, 2015 12:55 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I am glad the noise was from the renovations being done. Good luck.

Jun 15, 2015 09:25 PM
Martin E. Kalisker, Esq.
Natick, MA
Real Estate Law From A Practical Perspective

Maybe sellers in MD and DC are more understanding, but in my neck of the woods if one of my agents had "voluntarily" disclosed that a neighbor was playing a tuba when it turned out to be plumbing noises from a home renovation - I could be looking at an E&O claim by the home owner and a lost listing for negligence and turning away buyers...

Jun 16, 2015 01:03 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Patricia - so, this is temporarty. Gosh, what are they doing to sound like a tuba? I would prefer it to the sound of a jack hammer :)

Jun 19, 2015 12:02 AM
Claude Labbe
RLAH / @properties - Washington, DC
Realty for Your Busy Life

Patricia, you've got your answer, and it's only a temporary matter.

Otherwise, were it a tuba player...DC and Maryland both demand disclosure, otherwise the seller and you are both potentially in a difficult legal position. 

I was hoping the tuba player was a summer sublet, but your situation is even better.

Jun 20, 2015 12:17 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

I've never thought of this tuba being a problem but know that it can happen in the world as crazy as it is. :)

Jun 21, 2015 02:42 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

Claude, as strange as it may be, real life is stranger than fiction in this case especially. Claude Labbe

Jun 21, 2015 02:44 PM
Tammie White, Broker
Franklin Homes Realty LLC - Franklin, TN
Franklin TN Homes for Sale

There is no spot on our property disclosure about anything outside of the home. If the neighbor has a yapping dog, then buyer beware because our disclosure doesn't cover that. It's not an adverse condition because it could change tomorrow.

Jul 04, 2015 03:47 AM