Was the seller required to disclose that the neighbor has 21 nuisance dogs?
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Was the seller required to disclose that the neighbor has 21 nuisance dogs?
We recently purchased a home from a trust consisting of three siblings. One of
the siblings is now our neighbor. They never disclosed that she has 21 dogs in a
kennel type situation that park constantly from 5 to 6 am every day. We talked
to her about it and she says she has tried everything to abate the barking, but
they bark when they want to be fed which just happens to be at the crack of dawn.
Is that something they should have disclosed? Do we have any recourse? State of
Vermont
Asked on July 25, 2017 under Real Estate Law, Vermont
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, unfortunately a seller has no obligation to disclose conditions (like a pack of dogs) that exist at any property other than the one being sold, or the behavior of neighbors, even family. You have no recourse against the seller. However, this may be a violation of town health or noise ordinances: you should contact your town's health and police departments about what the local laws (ordinances are local laws) are about noise at 5am (as well as about permitted volumes) and also about whether there are any health-related concerns (like dog waste) which may also be a legal violation. If any ordinances are violated, she can be fined or ticketed until she corrects the situation--even if that means muzzling the dogs or even getting rid of some.
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