12-03-2012 10:26 AM
I bought a condo recently with a HVAC outside of my bedroom window from 7/11 and some restaurants. I supposed I didn't do my due diligence and check it out at night. But 7/11 is 24/7 and the restaurants also keep these things running all day long. At night maybe it's a little quieter than the day time but by no means is it quiet and it is really disturbing my sleeps.
I went back and looked at the Disclosure document from the seller and this was not disclosed. I believe they are supposed to disclose noise and nuiances for the surroundings. Can I take action on this? Thanks
12-03-2012 10:56 AM
Anytime you buy a property that borders a commercial district you have to check for things like parking problems, garbage truck pick ups in the early morning hours, and other nuisances the commercial area will bring. The previous owners may have been sound sleepers. As for the daytime noise you should have noticed it when you looked at the condo. I think it will be difficult to make a case for failure to disclose.
12-03-2012 12:01 PM - edited 12-03-2012 12:04 PM
Was it a REO, regular sale, or a sale by an investor. If it was an reo or investor sale the owner may be able to claim he was unaware of the situation. I bought a REO, and my agent made sure I was aware of the traffic noise from Capitol Expressway, which was more than a block away. Where was your agent when you went through the buying process?
12-03-2012 12:20 PM
If it runs 24/7, it was on every time you visited before buying... Why didn't you notice? That will be the first question from the defendants attorney if you decide to sue for non disclosure.
12-03-2012 12:40 PM
There is always a disclosure that says "Commercial Complex" within 1/2 a mile or 1/4 mile. It must be inside with appx distance etc in JCP documents or other appropriate documents. Sometime, I have seen diagram or map showing the "Commercial Complex" and the purpose. I had seen every house - within my bay area search like sunnyvale, santa clara areas - wherever I submited an offer.
Hence, read your complete disclosure and check with your realtor. It may not be in your contract. You may not likely go back or rollback.
12-03-2012 12:58 PM
If it is too late to make any complaint, how about installing a 'foam' wall facing the side of 7/11? I don't know more details or cost but I read before that there are special dry wall panels you can buy and install to absorb noise. Could just use this kind of dry wall to replace the original?
You may have to shut the window(s) also to reduce noise.
12-03-2012 02:09 PM - edited 12-03-2012 02:10 PM
There are white noise generator one can purchase. Running an in door water fountain or simulating ocean beach.. They have them at mall gift shop or high end stereo store. Buy your self a Xmas gift see if you can sleep better.