Legal Question in Real Estate Law in California

Is it legal that seller did not disclosure the cemetary nearby?

We purchased a new home from builder Anderson homes last March, put down 3% deposit, after we remove the loan contigency, we find out there is a big cemetary down the street. It is possible that for us not to buy the house and get our deposit back?

Thanks.

Amy


Asked on 10/14/05, 1:20 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: Is it legal that seller did not disclosure the cemetary nearby?

Who buys real property these days without going and visually inspecting it first? Real estate isn't something you buy off of e-bay.

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Answered on 10/14/05, 1:04 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Is it legal that seller did not disclosure the cemetary nearby?

from the facts given, it is very unlikely you can legally rescind the contract. a cemetary down the street is not necessarily "so offensive" that it should have been actually disclosed to you as a material apart of the purchase agreement. further, if the cemetary is BIG and conspicuous, you would be charged with being on either actual, constructive or at least "inquirey notice" of it being there. meaning, the law would assume its existence was very obvious and readily seen by a "reasonable person" BEFORE you or anyone would sign a realty contract, especially if you knew you would not like to live fairly close to a cemetary. so, the law does not favor you here, but if there are more facts you left out, your legal rights and remedies could change. you may contact us for further assistance.

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Answered on 10/14/05, 3:29 am


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