Who’s responsible when an unexpected neighbor surprises homebuyers?
Question: We purchased an Arizona retirement home in August. Our seller was an investor, and many of their answers on the Seller Property Disclosure Statement said, “Unknown as never lived in house; buyer needs to do own research.” At the time of our home purchase, we were unaware that a shooting range was nearby, although we went to the home several times before purchasing it. We never heard gunshots as it was the middle of summer and 110 degrees. We are miserable in our retirement home now in the winter months, as gunfire begins at 7 a.m. every day and continues until at least 7 p.m. every night. Is the seller liable to us for not disclosing this nightmare? Is there a way for us to see the Seller Property Disclosure Statement that the investor received from their seller to see if the investor knew about the gun range?
Answer: First, I am a Realtor as well as a real estate attorney, and I am sympathetic to the challenges of Realtors in the field. One constant, however, is that a Realtor should “farm” only a specific community or area. You did not say if you had a Realtor. If you did, that Realtor may be liable for your damages (i.e., the cost of another retirement home because they did not know about the shooting range). Second, investors who sell homes usually shield themselves from liability for paying damages to a buyer (e.g., by selling under an LLC or a “no-asset” trust). Third, you have the right, after filing a lawsuit, to subpoena the file of the investor and the file of the seller who sold the investor the home. Both files should have a Seller Property Disclosure Statement. Finally, and most importantly, after the closing of the sale of the house to the investor, both brokers are required to keep all sale documents, including the Seller Property Disclosure Statement, for five years.
Contact real estate attorney Christopher A. Combs at .