Legal Question in Civil Litigation in California

I live in a two-bedroom condo in San Francisco for the past 10 years. My bedrooms and closets that constitute at least 55% of the unit are carpeted. I have had laminate and high quality noise reduction and soundproof laminate pads installed in my living room only. The owner of the condo below is an old gentleman who has been complaining of any noise that he hears from my unit.

I have decided to sell my condo. The owner downstairs is threatening to keep complaining to whoever wants to buy my condo about the laminated portion of my my condo and pressure them to also carpet the living room. I am extremely concerned that the owner downstairs could potentially hurt my chances of selling the condo.

I have talked to this owner a couple of times. He just says that he will keep complaining.

Please guide me as how to legally or in any other way deal with this grumpy old gentleman.

Many thanks for your advice.


Asked on 5/09/16, 5:56 pm

1 Answer from Attorneys

It is unfortunate that you are in this situation, but you do not have a legal remedy unless he over-steps certain legal limits. What you have described does not do that. Neighbors are free to talk to potential buyers. They are free to say anything that is true about the neighborhood, building, etc. In fact, under the real estate disclosure umbrella, you are probably obligated to disclose to potential buyers that there is a grouchy old man in the unit below who constantly complains about noise, since that is a material fact that affects the desirability of the property. Unless he says something untrue (which must be a fact, not his opinion versus yours as to how much noise there is, for example) or engages in conduct that would amount to harassment of you or potential buyers (this needs to be pretty severe, not just being a pest), you have no legal option to stop him from what he is doing.

Read more
Answered on 5/10/16, 10:24 am


Related Questions & Answers

More General Civil Litigation questions and answers in California