Have You Ever Wondered… Real estate answers to (un)common questions

Question:

I am selling my house and am having nothing but problems with my neighbor, do I have to disclose this when selling?

Answer:

Possibly. In selling a home, disclosing issues is paramount in avoiding litigation in addition to simply being the right thing to do. Most sellers know to disclose obvious material defects – like your stove does not work or your roof has hail damage. But what about the more subtle issues like when you have a feud with your neighbor?

Sellers, and your broker, are required to disclose known adverse material facts. So, the circumstances between you and your neighbor may be important.

If you and the neighbor simply do not get along and, as a result, there is just a tense environment, there is probably nothing there to disclose. Perhaps the buyer for your home will get along with them great. However, if you and your neighbor do not get along because the neighbor thinks your fence is on his property and you disagree, this is worth disclosing. Making the buyer aware of the issue allows the buyer to investigate for themselves if there is a problem (or if they care about it). Non-disclosure could result in the buyer moving in and the neighbor coming over and explaining the fence is on his property and he wants it moved. Now the buyer feels sabotaged and starts looking for other things that may not have been disclosed. Another example is what if the neighbor has dogs that bark incessantly – not at the occasional fox or deer - but bark to the point that you can’t take it anymore and want to move. While this may be a gray area for some, a good real estate professional will advise you that when in doubt, disclose. You do not want to pass on the same headache to the buyer. Give the buyer the information and let them do their due diligence. But hiding the problem will only bring frustration and, possibly, litigation. john@pandorajohnproperties.com

So when in doubt, if you have to ask the question “Should I disclose this?” the answer is almost always yes. Using a broker at our local Madison Evergreen office can help get you the best advice.

Patrick wasn’t exactly born and raised here, but is as close as you can get! His family moved to Colorado when he was ve years old, and quickly landed in Evergreen, where he is now raising his three little kids with his wife, Jenna. Through Patrick’s time of running his own masonry company, Braveheart Masonry, he has realized that it is all about building lasting relationships and looks forward to working in real estate to continue to serve this wonderful community.