Q: Our house is near some train tracks, where a commuter line runs during the week, but rarely runs on weekends. It is pretty loud when it goes past, but not unbearable. We are about to sell our home, and I remember your article where you wrote sellers should tell potential buyers about hidden problems. Do we have to disclose the occasional train noise when showing the property? — Lydia  

A: Your memory is correct. The traditional rule of caveat emptor or “let the buyer beware” has been modified for residential property to require sellers to disclose “latent” or unseen problems that can affect the property’s value to potential buyers.

If a seller fails to disclose a latent defect, they can be held liable to the buyer. Since you could be on the hook if you fail to disclose something to your buyer that you should have, you should disclose as much as possible.

The fact that you are even questioning whether you should disclose means that you should.

Quality real estate agents will have a detailed written disclosure form completed by sellers to provide to potential buyers during the contract formation. Sellers should fill out the form disclosing every defect that could potentially be considered to be hidden.

However, if a buyer can easily see the potential issue, the seller would not need to disclose it. For example, if a home sits next to a busy highway, there is no reason to disclose that specifically, but loud noises such as trains or airplanes that are not visible from the property should be.

Sometimes being near train tracks or under the flight path of an airport should be readily observable by a potential buyer and need not be disclosed. However, every situation is unique.

Adding a few more items to the seller’s written disclosure form is easy and protects sellers from problems after the closing.

Because the noise is enough of an issue for you to be concerned about, you should let potential buyers know.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.