Tuesday, October 23, 2007

Another Disclosure Example

Does a seller of property have to list defects that are subjective in nature? Usually, they should, since the seller often must assume that the buyer is an arbitrary person. The subject of my last post, the haunted house, got me thinking. What if, for example, your neighbors around the corner have loud parties until late in the night? May not bug you. You've been there, done that. But if you think it is something that would decrease the value of your property in a material way, you may want to let the other side know. If they have reason to know of this already, perhaps they have heard about these neighbors or expect that type of behavior in this particular neighborhood, you probably do not have to disclose it. I've been involved in a matter with this "factor" before and in our case, I can recall that it was difficult to show that the loud noise affected the value. This is especially the case if the buyers start throwing their own late-nighters!

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