Noise/neighbor dispute disclosure requirement on Form 17 in WA state?
3 attorney answers
The general question at the end of the form asks for disclosure of conditions or defects and the entirety of the form addresses the property itself and not even conditions on neighboring property that might later affect the subject property. So it is unlikely that the form contemplates nuisance noise from the neighbor. Remember though there is also a common law duty to disclose but I am unaware of a published Washington case in which noise from a neighbor has been determined to be a basis for rescission or damages. There is a standard form contingency used by agents that requires approval of the neighborhood.
The disclosures you are legally required to make are those that affect the physical integrity of the land and structures. Neighborhood dispute is not a disclosure that you need to make.
On another hand, there is no law that would restrict you from making the disclosure. It may turn out that your buyer plays music even louder than your neighbor and that they may become best friends.
While the buyer should not be able to win a lawsuit based on you not disclosing the neighbor's music habits, defending against a lawsuit can still be time consuming and expensive.
Disclosure is likely better for you in the long run.
The disclosure statement does not ask about such matters. However, a clever lawyer might be able to come up with a basis to sue for non-disclosure of the noise problem and neighbor dispute if you hide it. I would think the better course would be to disclose the issue to the buyer and to do so in writing (maybe as an addendum in any Real Estate Purchase and Sale Agreement) and possibly even get a written acknowledgment and waiver from the buyer if possible. That way you are covered. That may be difficult for practical reasons or you may not want to do so if you think it would jeopardize the sale, but it probably is your safest bet. I have seen buyers agree to some pretty incredible things if they want a property badly enough. Good luck!