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    Can We Sue the Previous Owner for Not Telling Us the Neighbor is Loud?

    iStock_XSmall_Noise660After moving into a new house, the last thing a person wants is to discover that the neighbors play loud music or come and go in the middle of the night.  But is a home seller obligated to disclose a noisy neighbor? After all, it’s not material to the house itself…is it?

    The short answer is Yes, you probably need to disclose it.  Many local disclosure laws have a clause that asks if there are any known nuisances, such as noise in the neighborhood that could affect quality of life in the property.  It’s somewhat ironic, because if you think of the noise as a nuisance, you are obligated to disclose it.  But if the noise didn’t bother you and you never thought about it, you wouldn’t be obligated.

    The rule in real estate is “When in doubt, disclose.” It may make the sale more difficult, but it’s better than being sued later for non-disclosure.  Your new buyer may not even care about the noise.

    Do you have a disclosure question, whether as a buyer or seller?  Give me a call or text!

    Scot Sidener

    602-402.4159

    Scot Sidener

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