FACTS:

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.  

ISSUE:

Should the listing agent disclose to the potential buyer the letter from the neighbor’s attorney?

ANSWER:  

Yes.

DISCUSSION: 

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.