Legal Question in Real Estate Law in California
heavy traffic not disclosed when purchased home
Bought our 19 yr home and we love everything about it except the fact everyone uses our driveway to back up in. We even had a RV back into our new fence and did not stop. None of this was disclosed to us. It is across from a fruit, food stand but everytime we looked at it (nights,weekends, etc) it seemed fine. We had even had people park in our driveway to make there mad dash to buy there goodies. Of course we call the CHP but by the time they get out here, they are gone and Chp does not take there license # we give them..It is a No win situation. Question is 1. Is it to late to do something about this? 2.If we sell, then of course we would have to disclose how heavy the traffic is...WE have done everything to this house except a iron gate which would detract the beauty of the view...Thanks much
2 Answers from Attorneys
Re: heavy traffic not disclosed when purchased home
You have an excellent, and comprehensive answer from Mr.Shers.
Follow his advice!
Re: heavy traffic not disclosed when purchased home
You do not state when you bought the house; I assume it was within the last year. You could still sue the former owner and their real estate agent for failing to disclose the defect. Since you love the home, you would want to seek damages and not recession of the contract of purchase. Contact the two of them and tell them the problem and that you should receive some compensation for the failure to disclose. See if your own agent was aware of the situation.
As to the immediate problem, check with the local law enforcement as to what type of sign you can put up. Then erect something legal saying that using your driveway is illegal, subjects the person to civil damages, towing by the police or a local towing company [call a local company and see how long it would take them once you call to tow a vehicle], state that there is a video camera recording the license plate of the vehicle and civil action will be taken, tell the owner of the food store what is happening and that they should do something about it as your suing their customers will reduce their business, for the time being see if you can get what the police use one of those strips of spikes that you can put at the being of the driveway that would shred the tires [you would have to get out each time and move and replace it and some people would get angry enough that they might attack your property; buy an inexpensive digital camera and actually record the driveway; check with the police that what you are doing is okay].
Good luck.