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Must a property seller disclose a 'neighbor from hell?'

by AirTalk®

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A sale pending sign is posted in front of a home for sale in July 2013 in San Anselmo, California. Must a property seller disclose a “neighbor from hell?” Justin Sullivan/Getty Images

Searching for a new house is no easy process. After countless hours, you’ve found a home perfect for you and your family. Perfect, that is until you discover your neighbor is unfriendly, rude, and hostile.  Unfortunately for one New Jersey Woman this nightmare neighbor has become her reality.  

Cyndee Phoenix sued Lennar Homes in Atlantic County Court claiming that she was promised a “wonderful lifestyle” in a planned community while the seller failed to warn her of a hostile neighbor. Since moving in to her new home in Mays Landing, NJ  Phoenix alleges that her neighbor’s hostility has included spitting, blocking her driveway and even death threats.  Phoenix alleges that Lennar Homes knew that her neighbor had engaged in harassment and hostile behavior in the past.  

Must a property seller disclose a “neighbor from hell?” California real estate agents are obliged legally to disclose “material facts” during escrow, but does a nuisance neighbor qualify as a material fact? Who defines what makes a bad neighbor?


James A Gallo, a real estate attorney in Pasadena with the Law Offices of James A Gallo, with over 30 years of experience in litigation in the Los Angeles area


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