7thriv

When Jack Hagerty closed on his new condo three weeks ago, he thought it had everything he wanted: a quiet, safe Glen Park location, easy access to BART and a backyard for his 10-year-old son. Turns out it came with an extra feature - a self-described "leather sex" enthusiast living downstairs.

Not that there's anything wrong with that.

"He's entitled to his life," Hagerty said. "I just wish he'd told me sooner."

Hagerty said all was well until he announced that he intended to remove the carpet and padding in his unit to help with allergies. The downstairs condo owner explained in an April 24 e-mail that he opposed the idea.

"I am a sexual enthusiast and enjoy leather sex," the man wrote. "At times, it is possible and even likely that the sounds of leather sex will be coming from my bedrooms to your bedrooms without an effective sound barrier. While it is not my issue, you may find you need to explain things to your son as it could be confusing to him since it frequently doesn't sound as pleasurable as it is."

"I just don't think it is appropriate for my son to bear witness to that," Hagerty said.

But the neighbor says if Hagerty just left the carpet and pad on the floor everything would be fine.

"My lifestyle shouldn't have anything to do with this," he said. "I could be singing Chinese opera in my bedroom."

So shouldn't the real estate agents have disclosed the issue? Rob Rogers of Zephyr Real Estate, who helped to handle the sale, said, "You certainly don't have to disclose someone's sexual preferences or what they are doing." Noise may be an issue, but how much noise is too much?

It has left Hagerty in a tough spot. Recently divorced, he bought this place so he could share custody of his son. Now he doesn't feel they can move in.

"I'm screwed," he said. "I put every penny I had into this place, and I'm still paying $2,000 a month in mortgage and homeowner fees. I can't even afford to pay rent somewhere."