Legal Question in Real Estate Law in California
I represented both parties and now one year later the buyer wants to get the sellers to purchase new windows because of the school down the alley and the noise. The buyer knew that there was a school because of there business right on the same street.
It was not on the disclosure sheet but they were aware of it.
3 Answers from Attorneys
So what is your specific legal question?
Unless the noise is a specific or unusual problem, it appears there would be no reason to disclose.
The school's noise does fall under "neighborhood noises" on the seller's disclosure form. But a lot of things fall under that from freeways, buses to whatever else makes noises in the neighborhood. What matters is whether disclosing it would have changed anything. Meaning if the seller knew of the noise and if he had disclosed it, would the buyer still have bought the property in the condition it is in now anyways?
For your own part. If you didn't know of it and it wasn't on the disclosure form then its between the buyer and seller to work out.
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