I understand the difficulty of your situation. No person would want to sabotage the sale of their home. Potential buyers once they know of your “neighbor issue”, may not want to live there. Unfortunately, when you list your home for sale, as I mentioned in my previous column, there is a required form, the Tennessee Residential Property Condition Disclosure, which asks the question… “Neighborhood noise problems or other nuisances?” That is exactly what you are dealing with, and you need to answer
this question truthfully. If you don’t and the buyer of your home discovers the problem later and learns you know about it, you could be dealing with a lawsuit that would cost you far more than a price adjustment would have.
Not every neighborhood issue needs to be disclosed. If a neighbor plays their music a bit loud occasionally, or doesn’t mow their yard every week, well that is just part of living in a community. However, if there is a pattern of disruptive behavior which has involved the police, this will no longer be considered minor by a judge. There will be a record of this.
I would recommend that you address the issues with your neighbor before you list your home for sale, but I would think that you have already done this. Or, if there is an HOA ask them to intervene. Most, if not all, HOA’s have covenants and restrictions which deal with noise issues. This can be handled legally through them. Or contact your local police department. There are local code enforcement laws which can be enforced.
Regardless, my recommendation again is to answer the question on the form honestly. If questions are asked by a potential buyer, you don’t need to call your neighbor’s names or go into elaborate details. A simple statement on the issue, and that the police were called should suffice. Most buyers will appreciate honesty, and the problem may not be such a big deal to them. Especially if you have a desirable property, with an inviting price.
