Ask a real estate pro: Should I tell potential buyers about train noise?
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.