Seller disclosure: police calls included

DEAR BERNICE: We live in California and are currently in a lawsuit against the sellers of our home two years after the sale. In the winter of 2007 our agent told us that he knew some folks that had been thinking about selling their home for a while. We saw the house and loved it because it was in a very desirable area, and we made an offer.

Almost immediately after moving in, we discovered that the tenants renting the house across the street were a group of six "20-somethings." They were some of the hardiest partiers we'd ever experienced, throwing parties three to four times per week. A party starting at 2 a.m. on a Tuesday was common.

After we moved in, we discovered that the previous owners had been at "war" with the neighbors and their landlord for several years. The owners had written numerous letters complaining to the tenants and landlord. There were at least 10 incidents where the police came out to answer a "disturbing the peace" call.

The sellers deliberately concealed information regarding the problems and their involvement. In fact, the last complaint letter and calls to the police were dated 20 days prior to our offer. As you know, California has very strict disclosure laws. The items on the disclosure statement that indicated known neighborhood nuisances, noise issues (including parties), and notifications of government officials for problems were all checked "no." The problems across the street have never abated. We call the cops at least two to three times a month, and really we could call two to three times a week.

The sellers' response to our claim is that they "told us." They did not. Besides, it wasn't noted on the Transfer Disclosure Statement anyway. Now they claim their agent (our former agent) told them to lie. Honestly! The moral of this story: Disclose, disclose, disclose. We are currently in litigation with the sellers. We are asking for the sale to be rescinded as well as reimbursement for our attorney and court fees.

Liars beware! It's called fraud to conceal these sorts of problems knowingly and to do so blatantly. --K.B.

DEAR K.B.: Sellers who think that they can hide a major issue from their buyers are asking for a lawsuit. Your letter points out a number of important issues that all sellers and buyers must address. ...CONTINUED

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