Re: Material Disclosure

As a seller, you are obligated to disclose all facts which affect the value and desirability of the property, including surrounding nuisances and neighborhood conditions which you are aware. However there is not bright line rule on when and to what extent a seller must disclose neighborhood conditions. Since you have actual knowledge of neighbors being broken into, I believe that your realtor, at a cautionary measure, is correct in having you disclose this fact.

To your question – can you get anything from the builder for not having disclosed these conditions? Perhaps, but it would very difficult case to prove. First you would need to show that a similar level of surrounding criminal activity existed prior to the sale to you and secondly, that the builder or his agent knew of those conditions. Since the builder presumably did not live in the area, proving that may be very difficult. In addition – you may want to look through your purchase documents. It is not uncommon to see general disclosures from mass production builders about neighborhood conditions with a suggestion that you, as a purchaser, investigate further.

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