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Seller Disclosure - Noisy Neighbors and Previous Cockroach Issue

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  • 01-11-2011, 01:43 PM
    otherstuffhere
    Seller Disclosure - Noisy Neighbors and Previous Cockroach Issue
    My question involves seller disclosure for real estate in the state of: California, Orange County to be specific.

    In short, we live in a small community of ten condominiums; we share a wall with a noisy family of 4 (2 adults and 2 children). A couple times a week there is some yelling and screaming. Also, when we first bought the place 1+ year ago, there was a cockroach problem from the previous owner(s). We have since corrected this by having the place treated by an exterminator.

    We are now looking to list this property. Are we required to to disclose these two issues? And what would be the possible consequence if we opted not to?

    Thanks in advance for your feedback!
  • 01-11-2011, 02:11 PM
    jk
    Re: Seller Disclosure - Noisy Neighbors and Previous Cockroach Issue
    the cockroach problem: if there is no active infestation, likely not BUT you need to read the sellers disclosure form very thoroughly. If there is something on there that could be construed as applying to the roach situation, do not be dishonest at all. It can come back to bite you, really hard.

    The noisy neighbors; while nobody can reasonable expect no noise, if this is beyond what one would consider "normal" or "typical", you should disclose it. Again, it is a material issue that could be used against you if you are deceptive in any way.

    possible consequences?

    well, with the roach problem, if there is an active infestation, you would very likely be required to pay for extermination. The buyer could seek to rescind the sale if they would have not taken the unit knowing of the problem. If they win would be up to the judge.

    Since the noisy neighbors can't be "cured", most likely a buyer would seek a rescission of the contract. How a court would rule would be a gamble.

    You should be discussing this with your RE agent.
  • 01-11-2011, 07:14 PM
    KeyWestDan
    Re: Seller Disclosure - Noisy Neighbors and Previous Cockroach Issue
    Make sure there are no bugs, then there is nothing to reveal.

    Why didn't YOU try to get out of the purchase? (Rhetorical question only). You need to talk to your RE or a real estate attorney about the noise issue and if it needs to be revealed. If you do something active, like schedule showings when you know the neighbors aren't noisy or are not home, then you'd have a liability issue for sure, not that anything comes of it. You could also happen to sell your unit to other noisy people that are inconsiderate jerks.

    You might find it cheaper in the long run to have a professional sound blocking wall installed along the common wall. That, or call the police on the neighbors, or force them to move. Or sue them.
  • 01-11-2011, 09:21 PM
    otherstuffhere
    Re: Seller Disclosure - Noisy Neighbors and Previous Cockroach Issue
    Jk, thanks so much for your prompt feedback. You have been most helpful.
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