Do you have to disclose a bad neighbor?
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Do you have to disclose a bad neighbor?
Sellers in most states are required by law to answer on the property disclosure form whether there are neighborhood problems or other nuisances. If that answer is a “yes,” the seller needs to explain in detail. Information about neighbors and neighborhood situations falls into these disclosure requirements.
Do you have to disclose Neighbour disputes when selling my house?
Do you have to declare neighbour disputes when selling property? The short answer is yes. If you fail to declare neighbour disputes when selling your house, you buyer could accuse you of mis-selling your property and take legal action against you.
Do I have to tell new buyers about Neighbours?
If you have had an issue with a neighbour which has been resolved amicably, you are under no obligation to declare this. In other words, given the subjectivity of the issues at hand, you are under no obligation to inform your would-be buyers.
What you have to disclose about neighbors when selling?
Disclosures Required By Law One question all sellers are required by law to answer on the Real Estate Transfer Disclosure Statement is whether there are any neighborhood noise problems or other nuisances. If the answer is “yes,” the seller must explain that answer in detail.
What happens if you lie when selling a house?
Consequences of misrepresentation Misleading a buyer, whether intentional or not, could be a breach of the Misrepresentation Act. This means the seller can pursue you for compensation. Essentially the seller buys their home back, while also covering the buyer’s expenses, legal costs and mortgage interest.
How do you prove a house seller lied on disclosure?
You have to bring evidence that the seller knew or should have known about the issues, and they purposely covered it up. For example, if it was obvious that the seller tried to hide mold by painting over it, photos of that would work as evidence.
What happens if a seller lies on a disclosure?
A seller is supposed to be truthful when answering the disclosure statement for the buyer. And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.
Can I sue seller for non disclosure?
Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it. Unfortunately, many sellers know about defects.