If you purchase a home in area that has intensely high winds, are the home builders required to disclose this before you purchase with them?

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If you purchase a home in area that has intensely high winds, are the home builders required to disclose this before you purchase with them?

My family and I purchased a home and tried to do all of the research possible but were unaware that months out of the year that our home would be ravaged by constant, unrelenting wind that slams against the windows. It has wreaked havoc on our sleep because of the constant noise, we cannot have any outdoor furniture or even enjoy our backyard for that matter because things (even if secured properly) have been damaged or blown away. The stress is taking its toll and we would lose a great deal of money if we try to sell the home and move. Do we have any legal options?

Asked on February 15, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you do not have legal options, except as indicated below. Builders or home sellers do not need to disclose climactic, geographic, or neighborhood conditions, other than those specifically required by law, such as whether you are in a flood zone or plain. However, wind conditions are not among the conditions for which disclosure is required.
IF you asked about the winds or weather, or even about noise at night, and IF the builder knew or reasonably must have known about the issue but, despite knowing of it, hid it, then they may have committed fraud and you may have a cause of action. But fraud requires an affirmative lie--hiding something or lying about something you inquired into--or some other duty to offer the information, such as the duty to disclose known construction defects. Without an affirmative duty to disclose (which there is not, for wind) or a lie in response to a question of yours, there would be no fraud. If fraud was committed, you may be entitled to compensation; but be aware that fraud in cases like this can be very hard to prove.


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