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'The Watcher' scares couple into fleeing $1.3 million dream home (nypost.com)

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[–]LackingAHeart 1ポイント2ポイント  (24子コメント)

What are they suing for? The previous owners were selling the house. The buyers bought the house. Are homeowners supposed to provide crime stats and profiles of all people in the neighborhood now?

[–]GameofCheese 5ポイント6ポイント  (15子コメント)

No, but the previous owners were also being harassed and failed to disclose that. It's a legal gray area, hence the lawsuit.

[–]LackingAHeart -2ポイント-1ポイント  (14子コメント)

I would imagine they are under no obligation to disclose that. But that's just me. Like you said, it's a gray area.

[–]sandhol 1ポイント2ポイント  (13子コメント)

So if I had massive amounts of chemicals in the soil at a house you just bought from me, I'm not obligated to tell you even if you were left with a 7 figure clean up? Same principle.

[–]LackingAHeart -5ポイント-4ポイント  (12子コメント)

Not the same principle. The chemicals in the soil at the house I would have just sold you are and actual part of the house/property that I am selling you. The bozo is not a part of the house/property.

[–]whitefalconiv 3ポイント4ポイント  (1子コメント)

He sure as hell thinks he is.

[–]codemonkey010 0ポイント1ポイント  (1子コメント)

he can affect potential resale of the property... thats enough

[–]LackingAHeart 1ポイント2ポイント  (0子コメント)

he can affect potential resale of the property... thats enough

Possibly. However he does not fall under the requirement of needing to be disclosed. Unless the buyers specifically asked about a problem that he would fall under, the sellers were not required to tell them.

[–]sandhol -2ポイント-1ポイント  (7子コメント)

It's the implication of a potential hazard to a property. It requires disclosure.

[–]LackingAHeart 0ポイント1ポイント  (6子コメント)

It requires disclosure.

No it doesn't. Show me the law in New Jersey that requires this.

[–]sandhol -2ポイント-1ポイント  (5子コメント)

Although there are no required disclosures a seller must make under New Jersey statutes, New Jersey courts have carved out exceptions to this general rule (under what’s called the common law), which protect buyers against sellers who fail to disclose material facts or who hide information about their property.

Common sense laws.

[–]LackingAHeart 0ポイント1ポイント  (4子コメント)

material facts or who hide information about their property

Exactly. Material facts about the property. He is not part of the property. The house and land is the property.

Hell, NJ courts decided that even previous murders/suicides in the house don't need to be disclosed. UNLESS the potential buyers specifically ask about it. In which case the seller would then need to disclose it.

Here's the NJ Seller's Disclosure Agreement.

[–]sandhol [スコア非表示]  (3子コメント)

Common laws are not based solely on physical materials. Materials can be any relevant information that can be deemed hazaroudous to a potential buyer. Canveat venditor.

Murder/suicides are not relevant to an active stalker/unstable person who has the capacity to do the same.

[–]KicksButtson 2ポイント3ポイント  (2子コメント)

They're required to disclose any information that may decrease the overall value of the property. The issue I see is that the existence of a voyeur doesn't really decrease the property value, nor is it a trait of the property itself.

[–]GingerBeardThePirate 1ポイント2ポイント  (1子コメント)

Crime statistics are included In a lot of appraisals of property in a certain area. High crime can drop property value and not just a family being stalked but the guy admitting. If the previous tenants called the cops, like they should have, then this family wouldn't have to be the ones dealing with it. I bet the police reports and this case will drop the value.

[–]KicksButtson 2ポイント3ポイント  (0子コメント)

If the local crime stats already have an effect on the value of the property and the incidents at that residence were included in those reports then technically the issue has already been used to asses the value of the property.

[–]shaunc 2ポイント3ポイント  (4子コメント)

You're required to make certain disclosures when selling a home, but most of those relate to things like known defects. I doubt the law in any state requires disclosure of "some weirdo mails me creepy letters."

[–]LackingAHeart -1ポイント0ポイント  (3子コメント)

That's along the lines of what I was thinking. Anything pertaining to the property? Yes, absolutely that needs to be disclosed. The bozo isn't part of the property being sold.

[–]TigertoEagle -1ポイント0ポイント  (2子コメント)

If the former owners daughter is afraid of a ghost in the house, and its anything from a squeaky floorboard to literally nothing, the realtor is required by law to disclose. I'm pretty sure the only thing they actually can't disclose is the racial makeup of your neighborhood. If the HOUSE is being harassed,you can bet that falls under duty to disclose.

[–]LackingAHeart 1ポイント2ポイント  (1子コメント)

If the former owners daughter is afraid of a ghost in the house, and its anything from a squeaky floorboard to literally nothing,

The squeaky floorboard is the only thing that would need to be disclosed as it's an actual defect to the property. "Hauntings", past murders in the house, or past suicides in the house are not disclosure requirements in NJ unless the potential buyer asks about it.

the realtor is required by law to disclose.

And what New Jersey law requires them to disclose an annoying person who is not part of the property? Hell, you're not required to disclose a murder or suicide that happened in a house in NJ unless the potential buyer specifically asks about it.

I'm pretty sure the only thing they actually can't disclose is the racial makeup of your neighborhood.

Homeowners can disclose whatever they want. There are certain things that they are required to disclose about the property and they are required to also disclose things that the buyers ask about. That's it.

If the HOUSE is being harassed,you can bet that falls under duty to disclose.

Source?

[–]TigertoEagle 0ポイント1ポイント  (0子コメント)

I double checked with an agent buddy and he did stress that state laws vary. NJ is different. I stand corrected.