Legal Question in Real Estate Law in California
Failure to Disclose Problem Neighbors
We purchased a home within the past two years with what turned out to be a nuisance rental residence across the street. Noise, parking issues, late-night parties, etc... . The Sellers failed to disclose this in the transaction. However, I have obtained copies of multiple complaint letters written by them and other neighbors to the property owners and police. This seems like disclosure fraud and concealment to me and I have the documentation to prove it. What do you think?
1 Answer from Attorneys
Re: Failure to Disclose Problem Neighbors
The seller is required to disclose a nusiance. Since they did not and you have proof that they knew it was a nusiance, you could sue for failure to disclose which is a breach of the purchase contract. Your contract may contain a mediation and binding arbitration clause. Your remedies are monetary or recission of the purchase contract.