What to do about a real estate agent’s negligence regarding non-disclosure of a material issue?

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What to do about a real estate agent’s negligence regarding non-disclosure of a material issue?

I just bought a house located close to an airport. After I moved in, I found that it’s very noisy in this area and I almost couldn’t sleep for the first couple of weeks. My real estate agent did not bring this to my notice and did not remind me anything about the airport noise issue. I am very regretful to buy this

place. I am wondering if this is his negligence not notifying me about the airport noise issue? Can I sue him for compensation?

Asked on November 4, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you cannot sue the agent for compensation for this:
1) It is not the agent who would be liable for a non-disclosure; if anyone would be (though in this case, no one is; see below), it would be the seller, not the agent. The agent has no duty to research the home and provide information about it.
2) Even the seller would not be liable because there is no obligation to provide information about the surrounding community, facilities, environment, etc.--only about conditions on or from the property itself. The airport is not  part of the property; there was no duty to disclose information about it, and without a duty, there is no liability.
3) Furthermore, there is no liabilty for failing to dislose non-hidden or difficult-to-determine conditions; if something is reasonably obvious or readily discoverable, the buyer is expected to find it out for him/herself. The location of the airport is public and obvious; no one needs to tell you that a home near an airport may experience noise.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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