Disclosure Laws and The Watcher
So I heard this story from a friend about a wack job in New Jersey called the “Watcher”. A family bought a million dollar home, later to find out the house had a stalker… actually a generation of stalkers. They received a letter from the obsessed creep saying, “My grandfather watched the house in the 1920’s and my father watched in the 1960’s. It is now my time.”
The previous owner knew about it and is now being sued for not disclosing the information before closing.
After the new owners closed on the property, they received disturbing letters reading, “Why are you here? I will find out. Have they found what is in the walls yet? In time they will. I am pleased to know your names and the names now of the young blood you have brought to me. Will the young bloods play in the basement? Who has the rooms facing the street? I’ll know as soon as you move in. It will help me to know who is in which bedroom then I can plan better.”
Whoa!!! This idiot is more than disturbed. I mean really, who does that crap if they are not completely sick in the head? Reading that wigs me out and I would love to see this guy strung up by his balls for a very long period of time.
So after looking into this it got me thinking about Montana’s disclosure laws. Would my seller need to disclose that? Would I need to disclose that if I had knowledge of it? I’m really not sure…
Montana requires all adverse material facts which concern the Property to prospective purchasers to be disclosed. An adverse material fact in our state is defined as a fact that should be recognized as being of enough significance as to affect a person’s decision to enter into a contract to buy or sell real property and may be a fact that materially affects the value of the property, that affects the structural integrity of the property, or that presents a documented health risk to occupants of the Property. Montana law states that sellers are required by law to disclose certain known defects so that buyers can make informed decisions about whether to purchase a property. These include structural, mechanical, electrical, plumbing and sewer systems, termite and other pest infestations.
I kinda think I would have to disclose that… “enough significance as to affect a person’s decision to enter into a contract to buy or sell real property.” The current owners of the property are having a hard time selling the home as once notified of the letters, interested buyers no longer want to view the property, because it is no longer considered safe. That would mean “it’s a fact that materially affects the value of the property.”
I would disclose it.