Listing Agent Must Disclose Letter from Neighbor’s Counsel as to Potential Infringement to the Buyer
Ten days before escrow was scheduled to close, the seller received a letter from a lawyer representing the neighbor. The lawyer’s letter claims that several trees that straddle the property line are a nuisance and that the neighbor is going to remove them at his expense.
Should the listing agent disclose to the potential buyer the letter from the neighbor’s attorney?
Real estate licensees are obligated to disclose all known material facts affecting the property. Here, the attorney’s letter and the alleged nuisance would constitute material facts which should be disclosed.