MUST A "BATTERED WOMEN'S SHELTER" BE DISCLOSED?

DEAR BOB: Last September my wife and I bought a house. A few months after moving in, we discovered our next-door neighbor is actually a "battered women's shelter." Our real estate agent did not disclose this to us. We feel she should have known and that we might have to disclose this fact when we eventually sell as it may affect our resale value. Can we successfully sue our buyer's agent for not disclosing it to us? The house is brand-new construction so we don't think we can sue the previous owner --Fernando and Myrna A.

DEAR FERNANDO AND MYRNA: Forget it. A "battered women's shelter" is not a public or private nuisance, both of which have a material effect on property values. If it took you several months to discover it, there probably aren't any obvious disadvantages.

Unless you can prove damages, you probably have no cause of action against your buyer's agent. For more details, please consult a local real estate attorney.

(For more information on Bob Bruss publications, visit his
Real Estate Center).

Copyright 2006 Inman News