Nutty Neighbors and Disclosure...Do you?

I have to say that if I knew about the neighbor, I'd disclose it.  A friend told me about a similar case where a guy in a condo complex harrassed them continuously about HOA violations, groundless noise complaints, etc.  She told the real estate agent and he said not to disclose it.  They and the real estate agent were sued for non-disclosure after escrow closed.  They lost.

Interesting case.  I don't believe that the buyer can win such a lawsuit, but I would never have thought that McDonalds would get in trouble for hot coffee so what do I know :)  I think it is too much to put on a seller to be expected to disclose annoying neighbors as well as leaking roofs.  The next thing would be neighbors suing for slander when they drop into the open house, pick up the info and read a seller's disclosure that has them labeled as mentally disturbed for all the world to see.  Where is the line?  Where ever it is, I hope they never require me to draw it.  

Very interesting. Thanks for sharing.

Hmmm very interesting because it is very subjective....I can relate on 2 levels:

1.) MY neighbour!  Drives me nuts........we live in a strata townhome (I almost said 'daycare' lol)

It seems to me they do renno's 24/7, a 24 hr day care, park vehicles blocking my garage and chain smoke outside their door......to name a few.....does it affect my enjoyment of my own property?  You bethca!........My alternative - is probably to move...but ...

2.) Clients - I was showing them a series of townhomes, until we finally came across one they wanted to write an offer on.  As we were sitting in my car in the driveway........someone came out of the neighbours place.......started yelling, came up to my car and started banging on the  window........and appeared to be drooling/salivating.......I don't know........but it totally freaked my clients out and turned them off purchasing there.......and I don't blame them.  Then again, the neigbhour could have been a visitor, had some sort of health issues.......perhaps been in respite care, or something like that...but we'll never know.  I called the realtor......she said she didn't know anything about it........that she would call her clients and get back to me....and I never heard back from her.

It does make you think though.   How often do we interview the neighbours before we buy?  You never know who your neighbours are going to be.....I mean you may 'at the moment' ...but that could change at any time..........they move........?  And then..........there is no screening process after .........as neighbours...we don't get to read their resumes!  smile

The rule I follow, if you have to ask whether or not to disclose, then the answer is to disclose.  I love the one about tube socks and birkenstocks.  I must admit, I have been known to do this but only in an emergency situation when my feet are extremely cold and I already have on socks but need to grab a pair of shoes, preferably my birkenstocks to run outside to catch my dog before she makes a break for it.  I hope that excuse grants me some forgiveness!  LOL

Look it seems in this country we are always finding a reason to sue others. It is called not taking responsibility for our own actions. I mean the McDonalds case is proof. I can't even believe that went to court..but it did. Anytime that something goes wrong we as a society are quick to yell "sue".

I see both sides of this story. The guys real estate agent knew that he would not be able to sell the house if they disclosed about the neighbor. That is why they didn't.  I feel for both parties. It sounds like the lady next door needs some help! She is really causing problems for everyone.

I really would like to know how this story plays out.

I think the initial disclosure act was a way to insist sellers tell potential buyers of physical characteristics of the home, structural, and mechanicals systems. How can you be responsible for a abutters mental illness I can't believe a case could be settled against the prior owner.

Melina, I had no idea that there were states that would require you disclose nuisances.  That seems VERY SUBJECTIVE!  What I think is a nuisance might not be to someone else.  I can't believe that the police would just let that woman rant like that.  It seems like maybe she should have been in some kind of therapy but instead they sue the prior owner; that's unreal.  One of the problems with our court system are these frivulous lawsuits.