Obligations and Ethics when selling

pamplem0use

Apologies if this is vague, I don't want to give away too much with good reason.

We accepted an offer on our house in the middle of November. There had been a number of issues with the property next door for some time. The teenager daughter there has/had a stalker. For a period of about 9 months up until August he frequently broke there windows. On one occasion he attempted to gain access to their house via our back garden (we live in a terrace of cottages) slightly damaging our wall. All of this was reported to the police and by September had ceased to be an issue: the man was on remand, the case went to court where he pleaded guilty and got a suspended sentence.

So we went on to sell our house. We haven't disclosed these issues (feeling them no longer relevant / we weren't asked). Anyway on Christmas Eve their front window was broken and New Years Eve their door windows. The police appear to be doing not very much - although it seems pretty obvious this guy is implicated. CCTV previously was put up by the police but removed post-conviction.

Now, we live on the path with our small daughter so I'm obviously less than pleased about this state of affairs. But I also feel very guilty about the prospect of this couple, with a little boy, moving in. Equally, we're desperate to move because my OH has relocated for work and will lose thousands of pounds of legal fees etc... if this sale falls through.

WWYD?

lisyloo

We haven't disclosed these issues (feeling them no longer relevant / we weren't asked).

If you weren't asked then at the end of the day it's up to the seller to do due dilligence.
However I am slightly worried by the "feeling them no longer relevant" comment.
If you are asked a question you MUST answer it honestly - what you "feel" is relevant is not appropriate, you must be upfront.
If you don't answer a question honestly then the person could sue you and it could cost you big time.
If you mean you didn't feel it relevant to volunteer the information then that's fine, but if you were asked a question and didn't feel it was relevant to include it and the new buyer definitely does, then you could get sued.

My view is that it's the buyers duty both legal and morally to do the due dillegence to protect their interests including their children.
So as long as you have answered all questions honestly and not left anything out because you didn't feel it was relevant then I think that's fine.
You don't know what is going to happen in the future.

csnann

One thing that might happen if they fail to mention the problems when asked is that the OP could be sued for the entire value of the house they are selling! I have heard of cases where this has happened, and the buyer won considereable damages against the seller for non-disclosure.

G_M

There are two issues raised here: legal and moral.

Legally, if you are not asked, you have no obligation to say anything. If asked, you can either give a full detailed response, or duck the question "buyer should rely on their own enquiries" or similar - which is probobly enoungh to ring the buyers' alarm bells.

Morally, you say you " feel very guilty about the prospect of this couple, with a little boy, moving in." Only you can decide whether this guilt is sufficient for you to risk losing your sale.

dimbo61

You and your family have no problems or complains with the people living next door ? its just the issue of the stalker that is causing problems nest door.

pamplem0use

RE: 'However I am slightly worried by the "feeling them no longer relevant" comment.' - I was in no way suggesting we would lie if asked. Of course if we were asked I would volunteer the information. We hadn't voluntarily mentioned the problems as they weren't ongoing. At this point in the sale, them having recurred, I'm reluctant to volunteer the information given the potential impact it could have on the sale.
We've never had any issue with these or other neighbours, our terrace is all very friendly and we know most of the ten houses of occupants by name....

ReadingTim

Why would the stalker be interested in a small boy, when the object of his attention is a teenage girl?!?

geoffky

What if your buyer decides you have sold him a pup and decides to hunt you down ..

KateLiana27

I assume the only reason you know the whole story about stalkers, prison, etc is because the neighbours have told you.

You are under no obligation to report hearsay, particularly that relating to someone else's house - legally or morally.

The only relevant issue to your house is that your wall was slightly damaged at x time due to criminal activity. I would disclose that if specifically asked, but not otherwise.

The only time I might consider a moral duty to warn the new owner is if they had a teenage daughter!

NeverAgain_2

I've always understood the reporting obligation to relate to something the neighbours do which impacts upon you and your property.

I don't think a stalker occasionally turning up next door qualifies.