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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption