Hi, We are a small family with 2 little kids and we were sold a condo that has excessive noise. Not only us but out of 10 downstairs owners, 5 units complained about noise. We sued the agent for not letting us know as she was copied on 1 of the noise complain saying that a few of neighbours are experiencing noise issue. But our judge wants to know where it says or if there is any case that says if the agent or seller know prior to us closing escrow of a single noise issue from the neighbourhood, the agent/seller has to disclose that to prospective buyers before close of escrow.
Can anyone please help........ this case has taken our live time savings. Many Thanks!

Buy a barbell, train with heavy weights, this will ensure
peace of mind for you.

So your suing the agent because they were cc'ed on one email stating neighbors are experiencing a noise issue? I can't comment on your particular case, but in general agents are not noise experts. There are EPA restrictions on noise levels and I'm sure most condos have by laws covering this issue. If nothing else file a disturbance complaint with the police. Suing the agent sounds ridiculous to me and that money would be better spent solving the problem not passing the buck.

Focus you efforts on the problem and with the determination of a mom stressed, you get it fixed and have 5 happy new neighbors too.

I'm not aware of any law or legal precedent that would SPECIFICALLY require an agent disclose any allegation of a single noise complaint to the buyer (at least not here in CA), but keep in mind that I'm not a lawyer, nor are most of us in this forum. If you've retained an attorney, he or she should be able to more specifically cite the specific section of the law regarding agents' requirements to disclose.

Generally, though, agents are required to disclose any KNOWN material facts about a property that could affect its value or utility. If I'm at a property when the buyer is not, and if I hear noises that I think might be ongoing (freeway, kids next door, loud music, planes on final approach, etc.), I certainly would mention it on my disclosure forms.

If it were me, I'd have let the buyer know that I received the email. However, the agent is not obligated to investigate further as to the nature, amount, frequency, etc., of the noise. The responsibility lies with the buyer to investigate to their satisfaction.

No legal advice.

We're supposed to disclose EVERYTHING including rumors which are disclosed as rumors.

"If you knows, you must disclose."

You got screwed.

Isn't find this information a job for your lawyer? They should have easy access to all the case law.

"We are a small family with 2 little kids and we were sold a condo that has excessive noise."

DEFINE excessive noise.

If you have condo's that are STACKED meaning above and below you then the noise you hear will be relative to the owner above,if hardwood floors were installed above you instead of carpet,if the subfloor was screwed in instead of nailed,and age of the building.

Decades ago the code for insulating between units used a low R value.Over time the insulation erodes making noises deadening even worse.You would need to open the ceiling if it's coming from above and re-insulate with sound deadening material.

Having said that your condo board might not allow touching the walls or ceilings and making changes.

I own a bunch of apartment buildings that are town house style 4 units.I get tenants moving all the time to my place from stacked apartment complexes because they hear noise constantly.In my 2 story townhomes you only share a common side wall.Nobody behind you,in front of you,above you or below you.Just beside you on one wall if you are on the end or 2 walls each side otherwise.

If another owner is being excessively noisy you could take action against them through the board.

I don't really see a broker/agent having x-ray vision to see through walls and spot noise problems.You need to define if the issue is the owner making excessive noise or the units themselves not being properly insulated with sound barrier.

It is quite common on condo rehabs to go under or just at code within walls to keep costs down and then make expensive items for the buyers to see the eye candy.

No legal advice.

You have 2 kids? Im sure I could find many several people that can find the noise of my 2 kids excessive. What offends one is OK with another. Before I had kids I found it offensive that somebody would release their kids at 10am to play outside? Now I release mine at 9am so I can watch Meet The Press.

Years ago an agent friend of mine had a complaint from his client that the tornado siren testing woke him up every month and he was pee'd. He would have never bought the house had he known (he worked 3'rd shift). Sorry for him, he had an angry client, but an agent cant control that???? I get mad when the Emergancy Broadcast Sytem interupts my TV viewing for testing.

Ugh! Try the emergency broadcast radio that has the BLEEP, BLEEP, BLEEP every 3 minutes that there's a tornado warning - like you're gonna forget after the first warning.

When my kids were young, I allowed them out at 9am. They came in for the evening when the sun went down. I was in a duplex (the same style property REODayton is referring to). My neighbor worked the 2nd shift but certainly got home with more than enough time to adequately sleep in the darkness of the night but he wanted to sleep in. I say, sorry Charlie, 9 am is reasonable. They certainly didn't seem to mind their 2 teenage boys STOMPING up and down the stairs - like I couldn't hear that.

Noise is noise unless it's TOO loud (that decibel thing) and there are rules (laws, ordinances) about what time frame the NOISE can be made in.

Interesting...because in VA, we don't have to disclose something like that. And certainly, if you're previewing a home and external noises are outside, most likely buyers when they visited the properties would also hear the noise. They certainly do on House Hunters.