While we didn’t disclose the details last week, the recent buyer of a unit above an S&M enthusiast has decided to go public, perhaps as the reality of our reader’s words of wisdom with respect to litigation has set in. The first third of the buyer’s detailed public plea:
When I closed the deal last Friday for [removed by editor] in Glen Park, 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.
While we tried to keep the details private, and encouraged others to do so as well, we can’t put the genie back in the bottle for the buyer’s now very public plea.
∙ A Painful Situation For A Plugged-In Reader (And Plea For Help) [SocketSite]
∙ No disclosure + no due diligence = New mortgage but no new home [Redfin]