Posted by Natalie-VA on June 05, 2007 at 13:35:19:
Maggie,
I’m not an attorney. You might want to research your state code under “disclosure”. I don’t believe that this type of defect is required to be disclosed in all states. Some states only require disclosure of defects on the physical property and not beyond the property boundaries.
–Natalie
Question about Disclosure of Nuisance Property - Posted by maggie
Posted by maggie on May 30, 2007 at 01:00:38:
Three years ago I purchased a home in Portland, Oregon and have had problems with the neighbors ever since. My property is next door a 4-plex section 8 housing unit that has a long history of problems, at the time I purchased my house I was unaware of these issues, the property from the outside is fairly well kept and on the days I was there looking at the house all was calm and it appeared to be a very clean, quiet neighborhood, if I had known what I know now I would not have bought the house. I have witnessed drug deals, underage drinking, destruction of property, loud music, gangs of unsupervised children, harassment of other neighbors and many, many other disturbing incidents. The city and housing authority have been notified many times, they send out letters, things get better for a few weeks then start to deteriorate again. I have called the police and by the time they arrive (if they come at all) the incident is over and all is quiet. The police have told me that my best option is to sue the property owner and they would prefer I do that instead of calling them! I have attempted to work with the property owner but they refuse to do much about it, and become belligerent with me. This has severely impacted my quality of life, and property investment. Do I have any legal recourse or am I doomed to live in hell until I can sell? Also should the previous owner of my property have disclosed this issue when I bought it and will I have to disclose it when I sell the house? Any advice is appreciated!
Lawyer is your best authority - Posted by John Merchant
Posted by John Merchant on June 12, 2007 at 10:14:30:
First see if such a lawsuit has been successfully filed and prosecuted by any lawyer in the Portland area.
If so, make an appointment and go have a talk with that lawyer and get his/her opinion as that’s the one that would be most valuable to you here.
You could probably find local lawsuits of this type online, maybe with your lawyer’s help, so that could help reduce your consultation fee since you’d be doing some of the legal research necessary.
Since a lawsuit isn’t officially “reported” in the law books unless it’s appealed to an appelate court, the only place it’s going to be on record is the local Clerk’s office where it was filed.
You’re certainly welcome to go to the local clerk’s office and browse their computer to see if any similar suits have been filed.
It’s public information you or I have the right to see and in most clerk’s offices these days there will be a counter or table top computer set up so anybody can use it to browse filings.