Expert: John Souerbry - 10/20/2009

Question
We are thinking of selling our home. We have a neighbor that we have been having problems with. He plays music loud and is very unfriendly. He has not broken the law but is known in the neighborhood as being different. He is 80 years old. How much of this problem are we required to disclose to the new buyers?

Answer
It is frequently said - when in doubt, disclose.
You are not required to disclose personality conflicts between you and your neighbors, but if your neighbor has been playing loud music he may actually be breaking the law.  I recommend you check the noise statutes that apply to where you live to determine if he has been acting illegally.  Many towns allow police to cite motorists that play music that exceeds a specific noise level at a certain distance, likewise for homeowners that play loud music.  Neighbor noise may be like freeway noise, except that a potential buyer might not hear the neighbor when they view your home.
When deciding to disclose or not to disclose something, you may want to consider the risk to your buyer and to you.  If someone buys your home then later determines that the value of the property, or their enjoyment of it, is diminished by the activities of a neighbor or adjacent business that you knew about but failed to disclose, they could probably find a lawyer to take their case.  In a situation where the nuisance is known to all in the neighborhood, you would be glad if you disclosed the neighbor prior to sale.
You may want to consider doing something about the noise before putting your property on the market.  Regardless of whether the neighbor is unfriendly, if the music is the major problem you should check noise statutes.  You may be able to enlist the help of the agent that you chose to list your home.
I hope this helps,
John