Am I required to disclose that there is a residential care facility for disabled adults in the neighborhood?

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Am I required to disclose that there is a residential care facility for disabled adults in the neighborhood?

A residential care facility a.k.a. residential care home a.k.a. board and care home. 2 to 6 adults housed in a single-

family residence. CA also refers to this type of facility as a small family home.

Asked on September 18, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are not required to actively disclose it: a seller's obligation is to disclose facts about his/her property, but he/she does not have to affirmatively (that is, without being asked) disclose facts about the town, neighborhood, community, etc. A buyer concerned about the surrounding area must research it him/herself.
However, if asked by the buyer, you can't lie, even by omission: you must respond truthfully to a question, since a lie or mispresentation made in response to a question would be fraud. So if asked if there are group homes, you'd have to answer honestly.


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