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We bought a home this past summer to get out of a nasty neighborhood, only to find out our new neighbor is a loonie tune. is the selling agent supposed to disclose if the sellers have had a nasty neghbor so that were aware of potential issues before hand?
The selling agent has a fiduciary responsibility to their client to present the property in it's best light. That's limited to physical aspects and condition issues. Some issues, such as proposed zoning changes or adjacent property uses or new developments in the area, can be a factor.
But in the states I've done real estate transactions in, for an agent to make derogatory remarks about other people not part of the transaction; ie, the neighbors ... can be opening themselves up to legal action. Generally speaking, an agent is going to tout the "good" aspects of a neighborhood ... schools, shopping, access, quiet enjoyment, etc. But absent a court order or judgement against a neighbor in a dispute, or a police record of calls upon a given property address which might indicate a concern for you, most agents aren't going to "go there".
That's why "checking out the neighborhood" is part of your due diligence in making a buy decision. Your resources range from researching the police/sheriff reports of the neighborhood to walking the area and observing how your neighbors keep their properties. As well, finding the time to actually visit with the potential new neighbors can be quite revealing ... before making that buy offer.
Sellers are required to disclose only those items which need to be disclosed under the state's Seller Disclosure Form. Check the disclosure form for your state. Most often, disclosure is limited to issues pertaining to the house itself, not neighbors.
Sellers are required to disclose only those items which need to be disclosed under the state's Seller Disclosure Form. Check the disclosure form for your state. Most often, disclosure is limited to issues pertaining to the house itself, not neighbors.
Not where I am. Are you sure? Our disclosure form even has blank lines where it asks you to disclose any material facts that have not been specifically asked for on that form. for example it there is a big sinkhole in the back yard you have to disclose it even though it isn't asked.
Your opinion of the neighbors is not a material fact about the house. No.
The problem with requiring people to disclose nuisance neighbors is that sometimes people just don't get along. Maybe the previous owners didn't think the neighbor was looney tunes so there was no problem. As such, most states don't require this kind of disclosure because it is too subjective.
A "loony-tune" neighbor is a subjective evaluation that has nothing to do with the material condition of the home. However, if one had even a great neighbor, who would continue to live in the attic, it would be a relevant and a necessary disclosure.
Sellers are required to disclose only those items which need to be disclosed under the state's Seller Disclosure Form. Check the disclosure form for your state. Most often, disclosure is limited to issues pertaining to the house itself, not neighbors.
Quote:
Originally Posted by I love boots.
Not where I am. Are you sure? Our disclosure form even has blank lines where it asks you to disclose any material facts that have not been specifically asked for on that form. for example it there is a big sinkhole in the back yard you have to disclose it even though it isn't asked.
Your opinion of the neighbors is not a material fact about the house. No.
I'm having a difficult time trying to understand your point. Could you clarify how that relates to what I wrote?
By the way, in Michigan a Seller is not asked anything about neighbors, nor are there any open questions asking about other issues. Only pointed questions need to be answered in Michigan. If a Seller doesn't provide a Seller's Disclosure Form, it only provides the opportunity for a Buyer to back out of an otherwise binding contract. Once closed, it's too late and it becomes a non-issue.
Due diligence. There may be an available list of police calls to the neighborhood. There is always the neighbors to visit your self. Nextdoor.com may provide clues.
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