“Hi Alex-
Have I got a story for you…
When I closed the deal last Friday for [removed], my new condo in a 2-unit building, I had no idea my downstairs co-owner was a self-described “sex enthusiast” who engages in loud S&M “leather sex” on a regular basis. I learned this not from the seller or his agent, but via an email from the co-owner himself, which I received last Sunday night, after close.
The mere fact of the co-owner’s sexual preference doesn’t bother me in the least. But the possibility of it coming to the attention of my 10 year old son, whose bedroom was to be directly over the downstairs bedroom, enrages me.
By what measure does this not require disclosure? All parties to the sale knew I had a young boy who would be living with me. And I had expressed to my agent directly my concern over the possibility of an S&M dungeon in the common garage area, as that would be an inappropriate feature in a child’s environment.
Neither the seller or his agent told me about the use and type of noise coming from the lower unit, though the co-owner writes that this was a topic of conversation several times between the seller and him.
The level of noise transmitted between the units has been an ongoing issue. In fact, renovation of the seller’s unit was undertaken as recently as this year to help abate the noise: new sound proof padding and carpeting were added.
Despite the possibility that my 10 year old would be negatively affected by this noise type and unit use, this fact was kept from me during a full 6 weeks while I decided whether to purchase the condo.
I implored both realty companies to rescind the sale. They both said get a lawyer, we can’t help.
I now have a brand new condo I cannot move into because of the risk it poses to my son.
I have 50% custody of my son. If I were to move in to the condo, my ex-wife would immediately sue for full custody.
I have very little cash reserve because I paid nearly 50% down.
I have to move out of my current temporary residence on May 3. I have nowhere to go.
I have thousands of dollars of furniture and rugs piled up in my living room, purchased specifically for the unit at [removed].
I cannot afford rent because of my new useless mortgage.
I literally don’t know what to do or where to go.
For this I paid $27,000 in commissions?
All of this is due is to a lack of disclosure, and the lack of will to properly investigate my clear and communicated concerns. I was the only person who bid on the condo. I suspect there may be a financial motive for the non-disclosure, as the seller was eager to get out early, and requested early close via his agent.
The only people that can act quickly enough, and that have the necessary resources to fix this, as well as a moral and ethical obligation to do so, are the real estate agencies. And they are ignoring me or dragging their feet.
I am hoping to generate enough public awareness that they will take a more responsible approach for a situation that they have created by their lack of due diligence to discover all possible pertinent disclosures.
I specifically instructed my realtor to ask the sellers agents for access to a locked room in the common access area to determine if it was possibly an “S&M dungeon.” I felt a little silly asking, but also felt I needed to know with certainty that that usage was not the case where my son and I would live for years to come.
Apparently, [my agent] did not communicate my clear concern to the other realtor, or [the selling broker] did nothing about it except ask for the inspection of the room. I have 2 emails from the realtors on this topic. My concerns in this area were clear to my agent, and the conversations on this topic with her were witnessed.
I am willing to forward the pertinent emails for your verification, if you are interested, from the co-owner, [and both brokerages]. You may call me with questions at the number below.
Please help me spread this story far and wide. Public opinion is the only leverage I have at this point to enact a solution, other than litigation, which will take years and thousands of dollars to come to a probable unsatisfactory conclusion.
The responsibility of disclosure is one that these realtors took far too lightly, apparently preferring to deliberately not know, despite my concern, rather than to threaten the sale with the full disclosure that was their legal, moral and ethical responsibility.
I appreciate any help you can offer.
Thank you very much.
Jack”
Glad to be a messenger, but clearly there are some privacy concerns and legal issues I decided to avoid by eliminating address and names, but a little bit of internet digging and you’ll get the unedited version.
Good luck to you Jack!