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PDF Editor FAQ

Someone is trying to sell their home and their neighbor is a convicted murderer who killed three women, but has served his time and is free and living next door. Should they inform potential buyers?

In North Carolina (where I live), your disclosure obligations are detailed on the cleverly entitled “STATE OF NORTH CAROLINA RESIDENTIAL PROPERTY AND OWNERS’ ASSOCIATION DISCLOSURE STATEMENT”.A copy of which is here:http://www.ncrec.gov/Forms/Consumer/rec422.pdfYour state may have different requirements so I would seek out appropriate professional counsel.

Is a home buyer legally entitled to know about a neighbor nuisance before the sales closes?

It depends on the state/jurisdiction, and it depends on what you mean by “nuisance.”The great majority of the time, in most jurisdictions, the seller can’t get into trouble for disclosure-related failures whenever the issue is something that is of public record, or otherwise available for the buyer to see (with very limited exception). The buyer’s job is to do her due diligence on anything she finds material, as the seller has no duty to know a buyer’s specific material aspects and is only obligated to follow general real property transfer laws and the stipulations in the contract.Some states have specific laws where the seller must disclose things such as noise, odors, etc - some considered private nuisance, some considered public nuisance - also defined differently by jurisdiction.Here are a few samples of state disclosures and their requirements, and what you should look for in your specific state to know what the state legislature has to say about similar disclosures in your jurisdiction:Georgia Real Estate Commission. "Stigmatized Properties."State of North Carolina. "Residential Property and Owners' Association Disclosure Statement -- Instructions to Property Owners."Michigan Legislature. "Seller Disclosure Act (Excerpt), Act 92 of 1993, 565.957 Disclosure Form, Section 7."Texas Real Estate Commission. "Seller's Disclosure Notice."Missouri Realtors. "Disclosure Forms Index."NYS Department of State, Division of Licensing Services. "Property Condition Disclosure Statement."California Legislative Information. "Civil Code, Division 2. Property, Part 4. Acquisition of Property, Title 4. Transfer, Chapter 2. Transfer of Real Estate Property, Article 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property."

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