Question: I am an elderly lady that is exhausted by all of the STRs having parties on our street in Old Town Scottsdale. In the spring I want to sell my home and move to San Diego to live with my daughter and her family. Will I have to disclose the STR parties on our street?
Answer: Probably. First, if it is a material and adverse fact, it must be disclosed? Second, if it is not a material and adverse fact, why not disclose it? Third, if you were a buyer of your home, would you want to know about STRs having loud parties on your street? These three questions are my standard answers to all disclosure questions from sellers and real estate brokers. They usually already know the answers, namely, disclosure of all “problems” with the home or in the neighborhood is required.
Note: There are exceptions to this disclosure requirement. For example, A.R.S. § 32-2156 does not require disclosure by sellers and real estate brokers of suicides, murders and other felonies, sex offenders, and COVID/HIV. In addition, no disclosure by sellers and real estate brokers is required of “open and obvious” conditions such as a collapsed roof.