Obligation to disclose neighborhood issues?

[waseller]

What is the name of your state? WA

I have just accepted an offer on my home and it is now under contract. I have fully and honestly completed the required Washington state seller disclosure form. In addition, the buyer has hired an independent inspector. I do not know of, nor do I expect the inspector to find, any defects whatsoever with the home or the property itself.

My question is whether I am also obligated to disclose information about the neighborhood? Specifically, it just came to my attention (AFTER I filled out the disclosure form, btw) that the county is planning a major road construction project on the main arterial leading to our neighborhood. The project is slated to last for four months this summer. During the construction period, the county expects to temporarily detour a significantly increased volume of low speed traffic (<20 mph) along the road to the side of my home, but virtually no traffic along the road fronting the home (the home is on a corner). There should be no construction noise, as the actual construction is several blocks away. There will be no limitation in access to the property, and no change in functional use. I lived in the home during a similar construction project 8 years ago, and I didn't find it to be a big deal at all.

It is a very temporary situation that will ultimately result in neighborhood improvements, so I cannot imagine that anyone could construe the situation as lowering the property value. In any case, it certainly is not a "material defect in the property", which is all that the disclosure forms ask about and all that the state disclosure statutes refer to. Finally, the construction project is a matter of public record and is listed on the county's website.

Do I have a legal obligation to inform the buyer of a temporary, publicly known inconvenience in the neighborhood that will not cause any negative value impact? Even if I don't have a legal obligation, is it wise to bring it up anyway, or is that just needlessly rocking the boat in an otherwise very smooth transaction?

Thanks in advance!What is the name of your state?

[4Labs]

Yes, I sure would. Just put your disclosure on a separate sheet of paper, and sign it and have the buyer sign it too. If its no big deal, why are you so worried about it?

[seniorjudge]

Originally Posted by 4Labs

Yes, I sure would. Just put your disclosure on a separate sheet of paper, and sign it and have the buyer sign it too. If its no big deal, why are you so worried about it?

I don't know if you are "legally" required to do this, but I think it is a good idea.

It could save you lots of grief down the road.

[waseller]

Thank you for the advice.

Still, I think the general question is an interesting one, and something that must be of use to other forum readers ase well (and one, incidentally, that it is very difficult to find a clear answer to online).

That is... Are sellers legally responsible for the disclosure of general neighborhood issues?

I think this is a fuzzy/interesting area because neighborhood issues are often subjective. I may think a dog is a nuisance, you may think it is cute, and so on. In addition, the seller may or may not have knowledge of said issues.

Does anyone know of how/whether courts have rules on such issues?

[LindaP777]

Disclosure statement is for the house, not the neighborhood!
If you decided to put it on the disclosure form, where exactly would you put it???

[4Labs]

Originally Posted by waseller

Thank you for the advice.

Still, I think the general question is an interesting one, and something that must be of use to other forum readers ase well (and one, incidentally, that it is very difficult to find a clear answer to online).

That is... Are sellers legally responsible for the disclosure of general neighborhood issues?

I think this is a fuzzy/interesting area because neighborhood issues are often subjective. I may think a dog is a nuisance, you may think it is cute, and so on. In addition, the seller may or may not have knowledge of said issues.

Does anyone know of how/whether courts have rules on such issues?

As for me, I am a Realtor, if I knew of a large subdivision going into a small rural community I, as well as my client would have a duty to disclose. Just as Nextwife said, to avoid future problems. I have read case law where Realtors and their clients have been sued for non disclosure of pertinent facts relating to the area surrounding the property. So it is not unheard of at all. As to where to put the disclosure, on a separate sheet of paper. It is better to disclose more and be safe, then to disclose less and be sorry. Hope that helps.