Posted On: April 30, 2007 by Rich

Do I Have To Disclose Everything Wrong With My House

Do I have to tell a buyer every little thing wrong with my house before they buy it? Not necessarily according to the New Jersey Appellate Division.

Boschen, et al. v. Campanelli
Recently the New Jersey Appellate Division issued a decision in a case where the sellers of property did not disclose that there were odors present at the property during the summer. The court felt that the duty to disclose this information was not necessary since the odors came from a composting operation at the municipal recycling center across the street from the subject property, which was readily-observable.

The court felt that

since the property was not new construction; the sellers could not be characterized as professional sellers of real estate; and the composting operation did not fit within any of the categories selected by the Legislature as requiring disclosure by professional sellers under the New Residential Construction Off-Site Conditions Disclosure Act.

It would be anomalous to hold defendants, as non-professional sellers, to a standard higher than that applicable to professional sellers.

While it is advisable that every homeowner selling their house should enter and conduct negotiations in a honest and ethical manner, buyers also need to be aware of what they are buying. Buyers should always have a home inspection completed on any property they plan to purchase. Buyers should also take time to look around the neighborhood at different times of the day and learn about the businesses that may be active in the area and may impact the property.

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