What to do if I’m selling my house and my shed straddles the property line?

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What to do if I’m selling my house and my shed straddles the property line?

The shed has been on the property line for 25 years. We are now selling our house and the realtor never told the buyers this; we are closing in about 3 weeks. What should be done prior to closing? Should it now be disclosed or should it be moved or removed?

Asked on August 11, 2011 Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In any sale of an item, the seller must disclose all conditions that may materially affect the desirabilty or value of the item if known to the seller even if in an "as is" sale.

You know that the shed on your property staddles the property line of your neighbor. Escrow has not closed yet. You are obligated to disclose this material fact in writing dated and signed by yourself immediately and obtain a copy signed by the buyers and their real estate agent before escrow closes.

I would not move the shed at this point because the buyers have seen it and its location. Its movement will cause further suspicion regarding the transaction and may kill the deal.

In a real estate transaction, when in doubt, disclose all in writing to the other side before close and obtain a dated and signed copy of the written disclosure for your records.


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