Noisy Garbage Trucks Won’t Affect Listing Price

Question: In a recent column you said that Paradise Valley homeowners living on a cul-de-sac may have to disclose noisy garbage trucks that came by their home more than four times a week. You said that these homeowners may have a claim for damages against the seller for not disclosing the noisy garbage trucks. We have listed for sale our Paradise Valley home which is also on a cul-de-sac with noisy garbage trucks. Do we now have to reduce the list price of our home if we have to disclose these noisy garbage trucks?

Answer: No. You have the right to list your home for any price, even though the sale price may be affected by the disclosure of noisy garbage trucks on your cul-de-sac more than four times a week.

Note: Some readers of this column were not happy that a seller may have to disclose noisy garbage trucks. Some comments were that noisy garbage trucks may not be a problem for a buyer with poor hearing, for homeowners who go to work every day, or for homeowners that expect garbage trucks to be noisy. The legal principle is that a seller has to disclose any material defect. If noisy garbage trucks are not a material defect, why not disclose it?