Legal Question in Real Estate Law in California

Re: Noise Issue

Depends upon a number of issues. If you are still within the timeframe set forth in your contract for inspection of the unit, and within the timeframe in which you may cancel for your non-acceptance of the condition of the unit, you may have the right to cancel. That, however, is dependent upon the contract and escrow instructions and what rights to cancel you have. You also need to look at the Transfer Disclosure Statement, and whether (1) the condition was disclosed, (2) is it a substantial condition which would affect the average buyer's decision to move forward with the purchase, and (3) have you already accepted (expressly or by passage of time) the TDS with the disclosure. There are a lot of factors to review to reach a conclusion on this matter. You would probably be best served to have an attorney review the contract and advise you as to your rights. If you wish, our office is just down the coast in San Clemente, and my brother Timothy Gibbs could assist you in reviewing the agreement and determining if you are within your rights to cancel and obtain the deposit return.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.