Q: We are getting ready to sell our house, and one of the reasons is our next-door neighbor. He throws loud weekend parties that run late into the night, leaves trash in his yard for days and has gotten into shouting matches with several people on our street. We have called the police twice. Do we have to tell potential buyers about him? We are worried that if we do, no one will want to buy our house. — Angela
A: Selling a home is stressful enough without having to worry about what to say about the people next door. Nobody wants to feel like they are sabotaging their own sale. That said, the law in most states requires sellers to be upfront about certain things, and a difficult neighbor can occasionally fall into that category.
When you sell a home, you are generally required to disclose known material facts that affect the property’s value or desirability. Most states use a written property disclosure form that covers the condition of the house, known defects and other issues. Many of these forms ask whether you are aware of noise problems, nuisances or other issues from nearby sources. If the form asks, you need to answer honestly.
Not every annoyance requires disclosure. A neighbor who plays music a little too loud occasionally or leaves a garbage can out an extra day is just part of living in a neighborhood.
Courts generally look at whether the issue is serious enough that a reasonable buyer would want to know about it before deciding. A pattern of disruptive behavior that has resulted in police being called crosses that line. At that point, there is likely a record, and the situation is no longer a minor inconvenience.
Before putting your house on the market, consider whether the situation can be improved first. If you have not already, try speaking directly with the neighbor about the problems. If that does not work, check whether you have a community association that can intervene, or contact your local code enforcement about noise or property maintenance violations.
Resolving or at least addressing the problem before you list the home is always better than trying to explain it on a disclosure form.
If the issue persists when you sell, disclose it. Be factual and straightforward. You do not need to call your neighbor names or write a novel about every disagreement. A simple statement that there have been ongoing noise issues with a neighboring property and that police were contacted on specific occasions is sufficient.
If you are unsure about the wording, ask your real estate attorney to help you draft the disclosure language. Getting it right protects you from potential problems down the road.
Keep in mind that a disclosure does not mean your home will not sell. Buyers appreciate honesty, and the right buyer may not be bothered by the situation.
On the other hand, if you stay silent and the new owner discovers the problem and learns you knew about it, you could face a lawsuit that would cost far more than any price adjustment would.
Being upfront about a difficult situation is not just good legal practice. It is the right thing to do.
Gary M. Singer, a Florida attorney and board-certified as an expert in real estate law by the Florida Bar, wrote this for the South Florida Sun Sentinel. He practices real estate, business litigation and contract law from his office in Sunrise, Florida. He is the chair of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation. Send him questions online at www.sunsentinel.com/askpro or follow him on Twitter @GarySingerLaw.
