Tax Guru – Ker$tetter Letter

Q:

 Subject: football lights

 I noticed your response to the Florida couple who bought a house and then the woods were cut down and football lights installed.

I would recommend they question their realtor and check their disclosure forms. Sellers (at least in CA) should have disclosed this change – I can’t imagine the neighbors didn’t know about it.  It might be why the sellers moved. It might also be grounds to sue the realtor and the rescind the sale.

A:

That is a very good point.  A change that large in the neighborhood doesn’t usually happen overnight without plenty of warning.  There are often environmental impact reports and neighborhood comment meetings.  It does sound as if the sellers weren’t very forthcoming about what they know of the impending changes.  If the Realtor was also aware of those plans, it seems s/he also has a potential liability if the buyer chooses to pursue legal action for misrepresentation and improper disclosure.

Thanks for writing.

Kerry Kerstetter