I have an upcoming listing that I need advise on, re: protection for the seller, buyers, me, and the broker (did I leave anyone out?).

The seller is in a dispute with two neighbors over fence (taking down without permission), noise, a citizen's arrest!, dogs, etc. (there is probably more).

The seller presents as a poor victim and the neighbors are evildooers.

The house is awesome.

The seller describes the neighborhood as terrible - a real nightmare, because of the horrible neighbors.

So, obviously I have to disclose what I know, and I have to advise the seller to disclose. If they don't want to disclose, I have to walk away from the listing.

My question is: How detailed must my seller's disclosure be? Who would judge what is adequate disclosure (how would I measure if what the seller says is enough). I am thinking of asking the seller to write a narrative letter desribing all of the issues - don't know if they would do that or if they will see me as a new enemy.

Any advice??

Does the seller's opinion and obvious personal issues with the neighbor constitute a disclosure item? If it's priced right, I would definitly take it... if a home is next to an airport do you not list it because they get 30 flights in out during the course of the day?

J

You're kidding,right?

There is nothing to disclose. Neighborhood squabbles are not defects. Take the listing and stay away from the he said she said.

Untrue in my state - it is considered a material affect that could affect a buyer's decision if they knew. Withholding the potential problems is definitely a disclosure issue.

I am surprised by your responses.

My advise would be to forget about the possible legal issues and ask yourself how many potential clients the new buyer is going to tell that you sold them a property that was in "Hell, USA"? Maybe the seller is blowing it out of proportion, but what if they're not? What if they tell everyone they know "Don't use changeagent, cause I did and now I'm stuck with the neighbors from hell"? My reputation is worth more than a commission.

"I am surprised by your responses."..You're kidding,right?

Well...You asked for advice, right?

If the neighbors really are doing illegal things the current seller needs to remediate these issues by having them fix the fence (voluntary or by force (law)) and if they are loud above what city ordinance allows then call the police when they are doing this. It won't take too many visits from the police before they stop doing what they are doing, especially once they start getting fined and it's hitting their pocket book. With that being said, you never know who might move in, it might be a bunch of partiers like those living next door, so who's to say they won't get along?

Josh

Oh and to add a little more, I have a listing that is similar to this right now, they aren't necessarily in conflict with my current seller but they are a younger bunch and they can be noisy and have people over, but they are moving soon and I'll be listing their home as well, so it's not really a problem for the people moving into the one I've got listed right next door. There are ways to fix everything.

Josh