Legal Question in Real Estate Law in California

Seller Disclosure Question

I am listing my house for sale through a real estate broker.

I have had problems in the past with a noisy neighbor regarding barking dogs and noise in the back yard after midnight on weekends. I have complained to the neighbor several times and contacted police twice over the last year. There has been some cooperation. I have not had any real problems for a few months. Of the three other immediate neighbors, only one other seems to share my complaint against the noisy neighbor.

What, if anything do I have to disclose about this situation? I am afraid no one will buy if I go into too much detail.


Asked on 10/22/03, 8:10 pm

3 Answers from Attorneys

Yaphett Powell Vubiquity, Inc.

Re: Seller Disclosure Question

Real property disclosure laws require disclosure of information that relates to value and enjoyment of property. Review these laws with your real estate attorney and discuss the situation with your broker (she or he should be familiar with the laws also). Then, follow their advice.

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Answered on 10/25/03, 4:51 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Seller Disclosure Question

Make certain you advise your broker of this information, preferably in written form. Not sure if really need to disclose in disclosure statements if not occurred for some time, however, the disclosure laws require requires disclosure of infor that relates to value/enjoyment of property. Review all with personal attorney then do what he recommends. Don Holben 800-685-6950

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Answered on 10/23/03, 12:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Seller Disclosure Question

I would say, disclose just what you put in your question, no more, no less, and no embroidery.

However, this assumes your question completely and accurately covers the situation.

I would also say discuss the wording, timing and manner of this and any other disclosure with your broker. Their constant interaction with buyers is very useful practical experience and a good broker will know how and when to present disclosures so they are effective but not disruptive.

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Answered on 10/22/03, 9:20 pm


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