What are my rights/options in purchasing a home in which a nearby freight train track was not disclosed to me?

My husband and I purchased our first home approximately 1 month ago. Upon residing in our home for 1 day, we noticed the loud and frequent sound of a train horn. We investigated and found the track to a very busy freight train track to be less than a mile away. The horn is heard at all times of the day, sometimes more than twenty times a day. I am very upset because the proximity of the train track was never disclosed to us. I am very concerned about the emissions of the train as well. Should that information have been disclosed to us? What are my rights/options at this point?

Asked on June 4, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the seller of a piece of property is required to disclose all material facts concerning the property affecting price or desirability as to it to a potential buyer. What you have described concerning the train is a neighborhood condition as opposed to an actual condition with respect to the property.

Under the laws of all states in this country, given the fact that the train tracks were readily apparent to you and others before the sale and deals with an allowable condition, it does not appear that you have any recourse as to the sellers or the real estate agents concerning the pruchase that you made of the home.

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