Legal Question in Real Estate Law in California
When selling my home, do I have to disclose a clean and sober living home next door?
2 Answers from Attorneys
Better safe than sorry with disclosures. The rule is you must disclose anything that "materially affects the value or desireablility of the property." Just filling out the disclosure form is not enough.
I'd say if not disclosed in writing, your chances of being sued would be in the 50% area (unless the buyer found out independently before committing to buy), and your chance of getting a judgment against you would be even higher. Further, I suggest disclosing in a way that is more fully descriptive (generic) than a euphemistic phrase like "clean and sober living home" which might describe a parsonage or rectory as well as a halfway house for recovering addicts.