Noise disclosure

UPDATED: Oct 1, 2022

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Noise disclosure

We live across a middle school where the Chiller/Cooling unit that feeds the school is about 20ft away from our house. The noise used to be a problem. The chiller unit would turn on at odd times middle of the night and run non stop similar to loud A/C noise. I fought the school district and had them only operate it during business hours and they had a noise abatement which brought the noise to acceptable level.
Question is
We are selling the house right now. Do I have to report this as a noise issue even though it was in the past and it is within city noise ordinance levels at the moment? The School is there and the Chiller unit is visible to any buyer.

Asked on February 6, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since it's not on your property, you have no obligation to affirmatively disclose it--that is, to disclose it without being asked about it. You only must volunteer issues on your property. However, if you are asked by a potential buyer about any noise issues, you must answer honestly, since to lie about something known to you would be fraud and would give them grounds to sue later.

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 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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