Do real estate agents have to disclose an adult care facility next door?
Question: We recently purchased a home in a residential neighborhood. After we moved into our home, we were informed by a neighbor that an adult care facility is operating in the house next door. This facility is a for-profit corporation that cares for patients requiring the highest level of care. We are concerned that the presence of this adult care facility could decrease the property value of our home and could be a risk to our children. In response to our telephone calls, the seller and the listing agent said they knew about the facility when we bought our home. Shouldn't the seller and listing agent have disclosed to us the presence of this adult care facility?
Real estate:
Answer: Probably not. Since the residents of the adult care facility require the highest level of care, these residents are probably disabled, which is a protected class under federal and Arizona Fair Housing laws. Therefore, the seller and the listing agent were prohibited from disclosing to you and your neighbors the presence of this facility — for the same reasons that the seller and the listing agent are prohibited from revealing the religion or race of the residents in the home next door to you.