Reference no: EM133152592

Is this the Copacabana?

Fact Pattern

Alexander and five of his neighbors reside in a planned community in Poway, California.  All six parties banded together and filed suit against McKnight, a neighbor that also lived in the same neighborhood.  Unfortunately, McKnight operated a tree-trimming business from his home, utilizing his equipment and essentially running his business out of his house - at all hours of the day (and night).  McKnight also constructed a two story cabana that was unsightly and blocked the views of the hills and neighborhood of multiple neighbors.  Content not to be known as a good neighbor, McKnight engaged in other practices, such as regularly pouring motor oil on his roof which had the effect of creating noxious odors for all to smell.  

Question Presented

If you were Alexander of one of his five neighbors and given McKnights' conduct, you decide to sell your property and move away from the neighborhood.  As a seller, would you have a duty to disclose the facts above regarding McKnight to a buyer?

Scope of Assignment

Please provide your response to the question presented.  In your answer, please state clearly your opinion on the topic as well as provide clear and articulate reasons as to why this is your opinion. 

7 Cal.App. 4th 973 (1992)