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Cece38
Posts: 1
Registered: ‎08-13-2012
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Noise disclosure

 

We've just bought and moved into what we thought was our dream home.

5.22am on our first morning - CRASH - the garbage trucks arrive one after the other - it is so loud, it sounds like they are dropping the trash IN our property.  5 trucks come one after the other and all do the same thing - the noise is staggering and is a horrible way to be woken up. On Sunday morning they came at 4.22am.  We can't live here with this noise - I can't sleep - its affecting my work.  They are collecting garbage from the restarant oposite and the office next door so they are the big metal bins which are hidden from view during the day.

 

I asked our REA to look at the disclosures again.  Under the noise section - they have written "Trash and Street Noise"

Is that proper disclosure?  I've been reading about it and it seems to me - they ommitted to include "material facts" - like the level of noise, the time of the night they collect, the freequency etc. etc.  If we had been given the information - we would have investigated further and decided not to buy the property - we checked how noisy it was at 7am, during the day and in the evening before we bought the place and it all seemed fine.

 

What options do I have? Can I undo the sale and force the seller to take the place back?  Can I sue to get them to pay  for soundproofing?

Thanks all.

 

 

 

 

 

Silver Regular Contributor
sfsfr
Posts: 658
Registered: ‎04-15-2012
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Re: Noise disclosure

[ Edited ]

That sounds like a nightmare. Did you inquire about the noise since it was on the disclosure or did you just think, oh street and trash noise, no big deal? If the latter then I think it is your problem, not the previous owner's. Anything on the disclosure should have at least raised a question by you.

 

Im not sure how feasible it it but you may want to raise it as an issue with the city. Perhaps they could rearrange the schedule.

Gold Regular Contributor
sheriff
Posts: 2,050
Registered: ‎06-01-2012
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Re: Noise disclosure

[ Edited ]

it sounds like it borders on a commercial area.  Garbage trucks can't pick up in residential areas before a certain time but they can pick up in commercial areas sooner.  it can't hurt to make a complaint but i would be skeptical of them rearranging their schedule.  Try earplugs.

 I once lived near some  railroad tracks.  Every morning at 2am a freight train would barrel through.  The first few nights it woke me up.  After that I it never woke me again.

Platinum Super Contributor
buyinghouse
Posts: 5,877
Registered: ‎04-23-2011

Re: Noise disclosure

   I live in a long street. Our home has double pane windows, we close them at night time to prevent listening to the cars going by. The noise they make reminds me of the racing track. So, even with these type of windows the noise gets in, garbage trucks by themselves are noisy and if they are moving, lifting and emptying one of those big trash dumpsters for sure the noise will increase.

 

  Then, unfortunately we see people like you who come to this forum to complain about many issues which can be valid or not, but brings to our attention that as a buyers they didn't do their own homework.

 

  I always advised to prospective buyers,  to drive by the home they want to buy. Then, you as a buyer need to go and walk the hood and ask questions about rape, home invasions, any type of crime or issues that will diminish the desire to live in such property. Chances are you are going to be asking a thief about any home invasions and he will say none exist. Also you can be talking to the person who knows all the details about the life of every people in that block or hood and you will be lucky to know the pros and cons.

 

  I remember we went to see a home by McLaughlin avenue in San Jose. As soon as we turned onto the street we saw the "only one way parking" sign. With difficulty we parked on the right side. We entered the property with no realtor on our side. We saw 4 white trucks and vans that seemed to belong to the same guy or company parked on front of the property we were looking at, then we saw next door a property with a 3 car garage space and many equipment that gave me the impression it was a landscaping business. Without any hesitation we decided not to buy it. We realized we would in trouble asking the neighbor to leave us park our cars in front of our home and the noise they would make in the morning while every vehicle is equipped with shovels, lawn Mowers and so on.

 

  We are in the same situation regarding our property. The listing said "cable available" or "Cable ready", I can remember which one they used. After me moved in, we realized there wasn't a single outlet, a hole on the walls nor anything that reminded anybody this house had cable installed before. It cost us $300 a year because we had to drop our good package with Comcast which couldn't install the service because the cabling wasn't anywhere, not even the cabling going underground. We trusted the listing, we didn't do our home work and that costs a lot some times.

 

  Now, in your case, the first person you should ask about this issue is your realtor. Both seller and buyer's agents have a say in this issue. Agents can't play like inspectors, but they need to or have to check issues like these ones. 

 

   But, I think you are on your own on this one. Otherwise, you will need an attorney and they are not cheap nor promise a positive result, do they?

Silver Contributor
Neptune__
Posts: 453
Registered: ‎11-01-2011
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Re: Noise disclosure

I can't help you on the legalities of it, but I"m a light sleeper (birds chirping at 5AM can wake me up), so I've investigated sound proofing.  If you find ear plugs to be uncomfortable, you can opt for triple pane laminated windows.  Milgard and some others make these.  They are made from thick glass and have a large air gap.  They have the same sound rating as a wall. 

 

A cheaper but less aesthetic option is to install a window or removable glass panel on the inside of your bedroom window, thereby making it into a 3-pane window. 

 

 

Regular Contributor
PaulJi
Posts: 121
Registered: ‎12-25-2008

Re: Noise disclosure

It was mentioned in the disclosures I believe this answers your question, your not going to be able do anything because it was disclosed

Gold Trusted Contributor
Jil
Posts: 2,747
Registered: ‎10-24-2011
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Re: Noise disclosure

[ Edited ]

Cece38 wrote:

 

 

What options do I have? Can I undo the sale and force the seller to take the place back?  Can I sue to get them to pay  for soundproofing?

Thanks all.

 


 

Home purchase is biggest item in anyone's life and budget. In disclosure, they have clearly mentioned "Trash and Street Noise" and I hope you signed it also. When they mentioned, you should have questioned the details one by one. You had plenty of time to review and reject the home during the course of purchase process.

 

Even if you challenge them in court, in my view, you will get the same answer.

 

There are few hard choices (sorry to bluntly say this):

 

1. Live with it (hard for you, you said)

2. Sell it (loss for you, you need to state the same "Trash and Street Noise" )

3. Rent it and later sell it when it is break even (you need move to old style of living in apt or buy a new home)

 

You have no way to undo your purchase. 

 

Silver Super Contributor
ptiemann
Posts: 1,134
Registered: ‎08-07-2009
0

Re: Noise disclosure

you'll have to arrange yourself with the situation

 

you could try a lot of things..

 

- as mentioned, see if they can change the pick-up schedule (unlikely)

 

- 3rd layer of glass

 

- heavy curtains, ceiling to floor, maybe 2 layers

 

- ear plugs (I sleep with them since age 20, and I'm closer to 50 now, one CAN get used to it)

 

- possible move your bedroom away from the source of noise? Is this a SFR or a condo?

 

- add vegetation like a hedge, believe it or not, it makes a difference

Super Contributor
PonziScheme
Posts: 332
Registered: ‎05-12-2009
0

Re: Noise disclosure

No, you can't undo it.

 

It's just like buying a noise next to a train track and then complain about it.

 

Try doublepane window? I live one block from a freeway and a busy street, noisy as heck when I open the window. When it's closed, I can't hear a thing except for the Fire trucks....Fire station is one block away.  Good thing I'm only renting.

Silver Contributor
sakidd12
Posts: 442
Registered: ‎12-18-2011
0

Re: Noise disclosure

You could blame your real estate agent for not looking into it.  I do nt think the seller did anything wrong.

 

could you move your bedroom to another side of the house?