Homeowners are often curious about what they will be required to disclose in the process of selling their homes.
They ponder whether they will need to disclose the real reason they are selling the home is because of noisy and obnoxious neighbors.
An occasional Seller will question whether the ghost or two, "residing" in the home, needs to be disclosed.
While we're observing the Halloween spirit, I'll ask a question to add a little humor - When a ghost materializes, does it become a material fact; but become an immaterial fact if it does not materialize?
In the State of California, we are a long way from a couple decades ago, when Residential Purchase Agreements were one page, with no disclosures. We now have home-sale disclosure laws requiring Sellers to reveal issues or problems, which have a material effect on market value or desirability of a residence.
It is important that Sellers disclose any neighbors, which are noisy and obnoxious. There is a case, which the California Court of Appeal granted rescission and refund of the buyer's money because of the seller's failure to disclose the neighborhood nuisance. The case is Shapiro v. Sutherland (1998) 60 Cal.App.4th 666.
It is important to understand that certain things considered obnoxious, to you as a Seller, many be somewhat attractive to a potential buyer - for instance, the ghost(s) one particular Seller was concerned about. In the California Mother Lode, there are at least two inns, which come to mind, considered (or at least advertised) as haunted. It seems "ghostly" presence, can occasionally be seen as having value.
To summarize, in addition to the usual issues coming to mind in disclosure - the faulty plumbing, the electrical outlet that doesn't function, the smoke that billows out of the fireplace into the house, because the chimney needs to be swept, needs to be disclosed. Better yet, if it costs a few dollars to fix the defect or issue, than by all means, repair it. It will likely pay dividends in a home sale.
Full disclosure of all construction defects of the home, as well as neighborhood nuisances, and issues are very important. Full disclosure is beneficial to Sellers as well as Buyers, because to not disclose, can become costly; particularly, when an issue hasn't been addressed, and finds its way into litigation, haunting you like a ghost or two.
If you have more questions about what needs to be disclosed, be certain to ask your real estate professional. We will be happy to discuss in more detail, the issues of your particular property that need disclosure.
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