Can we sue a realtor for not disclosing that the house we purchased is in a flight path for aircraft?

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Can we sue a realtor for not disclosing that the house we purchased is in a flight path for aircraft?

We were clear that we needed peace and quiet? We spoke of things like highway noise, etc. She had ample opportunity to tell us details about this area.

Asked on May 16, 2012 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I can surely understand just how upset you must be.  That particular issue is not something statutory that the realtor must disclose (like in some states a realtor must disclose that there was a death in a home, etc.).  What you are really saying is that she in some way misrepresented the home to you based upon your particular wants and needs.  Proving that may be difficult.  And quantifying damages for a judge to award you may also be difficult.  It is worth a consultation with an attorney in our area familiar with what your bruden of proof will be but I would not get my hopes up.  Good luck.


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