Question: I live in the Tatum Ranch community in north
Phoenix. Our neighbor is constantly battling our homeowners association
regarding enforcement of CC&Rs, and has been involved in several
police incidents in the last year. I recently listed my home for
sale, and my real estate agent has asked me to fill out a document
called the Seller’s Property Disclosure Statement. Do I have to
disclose to prospective buyers the problems with this neighbor?
If so, do you have any suggestions how to phrase this disclosure
in the Seller’s Property Disclosure Statement?
Answer: The Seller is required to disclose to the buyer
all material and adverse facts relating to the value of the home.
Most buyers do not want to buy a home near a “difficult” neighbor
who is constantly involved with the police, and with the homeowners
association regarding enforcement of the CC&Rs. Therefore, you
will have to disclose the existence of this “difficult” neighbor
to any prospective buyers. The form of this disclosure is simple,
namely, disclose in the Seller’s Property Disclosure Statement
all facts relating to this “ difficult” neighbor that you would
want to know if you were buying your home.
