Does the Petition Require Disclosure?

A California court determined that a seller must disclose “neighborhood noise problems or other nuisances” when a neighbor displays a “pattern of offensive and noxious activities.” Alexander v. McKnight, 7 Cal. App. 4th 973, 978 (1992).

The petition sponsored by the Riviera Homeowners Association made the following statements:

• ". . .training operations from the airport has brought noise to levels now intolerable for many residents"
• ". . .residents are also concerned about air pollution from aircraft using leaded fuel and safety of low training flights"
• ". . .these problems are also hurting residential property values."

When you sell your home in the Riviera, does this mean that you must disclose these statements of “neighborhood noise problems or other nuisances” to the potential buyer? If you do not, does this expose you to a lawsuit from a buyer for failure to disclose a known significant property defect? Or, does this apply only to those who signed the petition?

Here is what a prominent real estate broker in the area had to say:

"So, typically, in a real estate transaction you have a third party disclosure as part of the hazards report that the seller willingly pays for to cover anything that is beyond their expertise including a reference to all airports within a certain distance. BUT now that the HOA has made the public statement it may be prudent to disclose in the transfer disclosure statement given to buyers as a reference to the airport. The airport is obvious to most of us but maybe not a buyer?"