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Sellers Matt and Kyle are fed up with their obnoxious neighbor, who insists on doing home construction work with power tools late at night, and having loud arguments with his family during the day. Does the TDS require them to disclose this type of nuisance?

User Tbranyen
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Final answer:

In this situation, Sellers Matt and Kyle may be able to address their concerns about their obnoxious neighbor under the legal principle of nuisance. Whether noise disturbances or neighbor disputes fall under the category of material defects or conditions that require disclosure in the TDS may depend on local laws and regulations. Sellers Matt and Kyle should consult with a legal professional or refer to local real estate laws to determine their obligation to disclose this particular nuisance.

Step-by-step explanation:

In this situation, Sellers Matt and Kyle may be able to address their concerns about their obnoxious neighbor under the legal principle of nuisance. Nuisance refers to an unreasonable interference with the use and enjoyment of one's property, and it can take various forms such as noise disturbances and disruptive behavior.

While I am not a lawyer and specific regulations may vary depending on the jurisdiction, generally speaking, Sellers Matt and Kyle may have a legal right to take action against their neighbor.

Under the TDS (Transfer Disclosure Statement), sellers are generally required to disclose any known material defects or conditions that may impact the value or desirability of the property.

However, whether noise disturbances or neighbor disputes fall under the category of material defects or conditions that require disclosure in the TDS may depend on local laws and regulations. It is recommended that Sellers Matt and Kyle consult with a legal professional or refer to local real estate laws to determine their obligation to disclose this particular nuisance.

Overall, it is important for Sellers Matt and Kyle to understand their rights as property owners and the specific obligations they have under the TDS. Consulting with a legal professional can provide them with accurate guidance and help them navigate the situation effectively.

User Fuggly
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