Traffic noise

What if I purchased a home and they didn’t
disclose how much freeway traffic noise there
would be if we opened our windows? We only
discovered this once we moved in. If we were
to go forward with asking for compensation,
how do we calculate that?

Asked on September 17, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't sue them for compensation, because they had no obligation to warn you about traffic noise. A home seller's only obligation is to disclose features of the property itself, like whether it floods, whether it has knob-and-tube wiring, whether there are structural issues, etc. A seller is under no duty to disclose factors about the neighborhood, roads, community, etc. including traffic, traffic noise, whether there are group homes or rehabilitation centers in the area, whether it is a high crime area, etc. Since they had no duty to disclose the traffic noise, there is no basis for recovering compensation.


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