Legal Question in Real Estate Law in District of Columbia
Poorly built property
My fiance and I purchased a lower floor condo in a row house that was converted into 2 units. There is neighbor upstairs. During the first week we moved in I realized we could hear everything from upstairs. Footsteps, sounds, etc. After spending too much on this place, we felt so cheated. We also thought it unfair to constantly ask our neighbor to be quiet when wearing high heels. The builder gave us some BS excuse that he is not required by the District of Columbia to soundproof buildings with two units. Over a year later he agreed to add some ''channels'' to the place. Well, it turns out that he said it woudl only absorb ''musics, voices,ect''. That was never our problem. It's footsteps and not being able to sleep at night if my neighbor comes home late. After his ''soundproofing'' was done, the problem was still not solved. My fiance and I are concerned about reprecusions when we either sell/rent this place. Did I ever have any legal recourse after I purchased this property or am I completly screwed? Also, if I sell the property do I face any potential legal action from the next buyer. Help! I was a victim of the crazy real estate market in 2005.
2 Answers from Attorneys
Re: Poorly built property
You're probably, to use your phrasing, "completely screwed." You might, however, want to consider having a DC lawyer who is knowledgeable in the law of DC real property and contract law take a look at all of the relevant paperwork concerned with the transaction to see whether there might be some
recourse for you hidden somewhere within all of that legalese which you may have overlooked.
Re: Poorly built property
Mr. Henderson is correct on both counts, in that you probably do not have recourse at this point against the builder and you may still buy yourself some peace of mind by knowing that you had someone read the documents and then tell you if there is any recourse.
Your second question, as to whether you have to make any disclosures is probably better for you. Converted apartements and row houses always have the issue of sound. To my mind, this means you probably don't have anything to disclose (i.e. you and anyone else buying such unit would be reasonably expected to know that they are buying a place with someone living above them and would be suceptible to some sound issues). Having said that, you may want to also have your documents, including the governing documents, reviewed by an attorney to discern whether there is anything in there which is helpful. Sometimes, condo documents require owners to have floor covering over a certain percentage of their floors. Such requirement is expressly designed to address sound issues.
Finally, you may consider a neighborly solution and simply invite your neighbor to dinner, explain the issue and how sheepish you are about bringing it up, and ask if she could take off her shoes when she gets home late.
Hope that all helps.
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