Home Sale Disclosure: California Dept. Of Real Estate

April 13, 2011

The following phone conversation took place between Shirley Phillips and a representative of the California Department of Real Estate on the topic of disclosing a nearby kennel when a seller is putting his home on the market.

Question: Would a homeseller have to disclose that a kennel is nearby?
Answer: With a homesale, it is always "better to be safe than sorry" with all material facts.

Question: What do you mean by "material facts"?
Answer: Material facts are known facts that it is reasonable to assume could influence a buyer's decision.

Question: What about "Neighborhood noise and other nuisances" mentioned on the homeseller's disclosure form--noise that could be created by a kennel?
Answer: Again, the burden to report is on the homeseller and the homeseller would relay information to his agent. Nuisances should be disclosed. This is part of California Civil Code. A homebuyer affected by this failure to disclose would need to consult a lawyer.

A sample of disclosure form is here:

State of California, Department of Real Estate
Disclosures in Real Property Transactions, Sixth Ed. 2005

Click on Part 1, A. Disclosure Upon Transfer of Residential Property
Neighborhood Noise or other nuisances:

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