What to do if my son bought a house a while back and the sellers did not disclose the fact that their neighbors raised a lot of hell in the neighborhood?

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What to do if my son bought a house a while back and the sellers did not disclose the fact that their neighbors raised a lot of hell in the neighborhood?

These neighbors are making my son and daughter-in-law’s life a living nightmare. Other than putting the house up for sale and losing a bunch of money is there anything from a legal standpoint they can do? They have called local law enforcement on these people and they have been talked to but still constantly keep on. Any advice would be greatly appreciated.

Asked on August 10, 2015 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A seller is not obligated to disclose facts about the neighborhood or neighbors, so their failure to disclose this does not give your son any rights or incur any liability. IF your son specifically asked them about the neighbors and the seller lied about them in response to a direct question, then that misrepresentation or lie, made in response to a direct question, might constitute fraud and give you son some cause of action or claim for compensation. However, again, since there was no obligation to affirmatively disclose information about the neighbors, only if your son asked the question and was knowingly lied to might there be a cause of action. (Of course, proving that you son asked the question, and that the neighbor lied, may be difficult, or even impossible, at this point, unless the dialogue was conducted via email or text message and your son kept copies.)

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A seller is not obligated to disclose facts about the neighborhood or neighbors, so their failure to disclose this does not give your son any rights or incur any liability. IF your son specifically asked them about the neighbors and the seller lied about them in response to a direct question, then that misrepresentation or lie, made in response to a direct question, might constitute fraud and give you son some cause of action or claim for compensation. However, again, since there was no obligation to affirmatively disclose information about the neighbors, only if your son asked the question and was knowingly lied to might there be a cause of action. (Of course, proving that you son asked the question, and that the neighbor lied, may be difficult, or even impossible, at this point, unless the dialogue was conducted via email or text message and your son kept copies.)


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