Legal Question in Real Estate Law in California

Real Estate Disclosure of Neighbors, Breaking and Entering, and Assessments

We purchased a condo in CA and moved in Sept. 2007. Since that time, we have found numerous items the seller should have disclosed: $5,000 assessment (assessed 3 days before we closed) for painting and stair repair (they simply stated that the HOA was painting the building but failed to say the HOA wasn't going to pay for it). The upstairs neighbors do not get along with anyone and are rude and loud (mostly hard wood floors and the lady NEVER sits still - constant banging, dropping things on floor, jumping, and what sounds like running in the unit - CONSTANTLY) - they are very rude and don't even try to cooperate or communicate with anyone (instead they threaten legal action). The seller disclosed that ''there was a vagrant on the property'' but later we found out that a drug addict had broken into the unit we were buying. There have been other small things (wiring, etc) but nothing major compared to the previously mentioned things. My question is, how likely are we to win a lawsuit againt the seller to rescind the sale? How likely is it that the seller will try to appeal just to drag it out (and can he legally do this)? How much would it cost (approximately) and how long would it take? Or do we even have a case?


Asked on 5/07/08, 2:59 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Real Estate Disclosure of Neighbors, Breaking and Entering, and Assessments

I have handled a very similar lawsuit which involved a failure to disclose loud and peculiar neighbors. In that case the contract was rescinded by stipulation. The sellers have an obligation to disclose anything that would materially affect a reasonable person's decision to buy or not buy a property. Constantly loud and obnoxious neighbors, past due HOA dues, and drug use definitely fall into that category. Only a very small percentage of cases are appealed. It is hard to say how much it would cost or how long it would take. Most residential purchase contracts have an attorney's fee clause in them.

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Answered on 5/07/08, 7:11 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Real Estate Disclosure of Neighbors, Breaking and Entering, and Assessments

You may well ahve a case. If there is an attorneys fees provision, arbitration clause and/or mediation clause in your purchase agreements, these will affect the answer to your question. Different attorneys charge differently. I doubt any would take this type of case accept on an hourly basis, or perhaps a reduced hourly rate with a contingency bonus based upon result.

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Answered on 5/08/08, 9:28 am


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