It depends what state you are in. In CA, a seller would be required to disclose neighborhood noise problems. Much litigation occurs over this issue because sellers “get used to” the annoyances and don’t notice them any longer. However, that does not relieve them of the duty of disclosing such information.
The real question comes down to what is and is not material to the buyer. This noise probably will not affect value because all homes in that area used for comps have the same “defect.” It probably gives you a basis for rescission, however.
Posted by Rachel Canavan on January 12, 2005 at 17:57:06:
To what extent is the buyer responsible for researching a piece of property in a new town prior to buying it? More specific - an industrial park, a noisy dog kennel, etc. Things that could produce noise, waste, odor etc. What can be done if you can’t see or hear these things until after you’ve moved in? Thank you.
As River City posted, it is almost 100 percent your resonsibility to check the area prior to purchasing.
Virtually every state now has laws that say the seller must make you aware of any known defects in the property. However, I know of no law that says they must do a neighborhood or area search and tell you everything about everything in the area. They are only responsible for the house itself.
They could have possibly lived there for years and the things that you find offensive may have “grown” on them and they no longer see them as defects.
I know people who have lived by railroads for years and would literally be lost if the train did not come by at certain times of the day and night…yet…you and I and others and any noise at all disrupts our peace and quiet.
Posted by River City on January 13, 2005 at 07:29:04:
Ask questions when you look at the property. In my opinion, and I am not an attorney, it is the buyer’s responsibility to totally research everything that is important to them. If you work with a real estate agent, ask them if there are any negative impacts in the area. If the home you are looking at is for sale by owner, ask the owner. Or, call a realtor that is selling a home nearby.
If there are bad odors, you might consider reporting the odor to the county or the city in which the property is located. If they have enough complaints, they might do something about it.