When I sell my house, am I required to disclose that I have a mentally ill neighbor who harasses me when he’s not on his medications?
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When I sell my house, am I required to disclose that I have a mentally ill neighbor who harasses me when he’s not on his medications?
My next door neighbor is in a mental facility but could return home after the courts are satisfied that he can be released. I’ve had problems with him throwing things onto my roof as well as coming to my door threatening me. The police know about this of course and hopefully there won’t be any more problems with my neighbor. I’m concerned that it will be hard to sell my house. I do have a fence surrounding my large yard and it can be locked.
Asked on June 27, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For a more definitive answer, you should consult with real estate attorney who can evaluate the situation in detail for you. As a general matter, you would not be required to affirmatively disclose this, since it is neither something under your control nor a permanent condition (like a neighboring slaughterhouse) affecting your property. Rather, it is simply that you have occasionally had problems with another person, but you are not responsible for his actions.
That said, IF the buyer specifically asked you question touching on this--e.g. "Do you have any problems with neighbors?" or "I have small children--any reason why I might be concerned about their safety?--you might have to answer truthfully or else face liability; that's because in that case, you would be effectively misrepresenting to the buyer. So you probably don't have to volunteer the information, but you likely must answer truthfully if asked. However, again, for a more definitive answer, discuss your specific situation in detail with an attorney.
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