Thanks for pointing about no requirement to use attorneys in CA, I did not mean to cast aspersions on any agent skills. I am sure there are CA agents that are better qualified than some NY attorneys. So please answer this for me. Must the buyer in CA have their own representation, or who is looking out for the buyer?
This speaks to what recourse the buyer may now have. Noise can be measured, it's not subjective. Don't you have noise ordinances there either? Otherwise, I'm just wondering why you are not advising this buyer to get noises levels measured.
The advice you are giving boils down to telling them they are going to get used to it and not to worry. I don't agree with that., which amounts to a platitude. This buyer doesn't want to get used to it. This buyer may not want to close because of this.can they not close? What are their options? You haven't answered that part of the question. Please do, I would be interested to hear it.
Did any agent ever take them round while the noisy units were running? When did they first become aware of the noisy units? What if the HOA/ developer can't or won't do anything about it? Should they refuse to close until it is dealt with? Would they lose their deposit?
Buyer needs to know:
a) if the noise level is normal or extraordinary and
b) if it is extraordinary, whether or not that should have been disclosed.
Advising the buyer to discuss with HOA and Developer assumes they have already taken ownership doesn't it? This buyer has not taken ownership, I think that's the overriding issue in this question.
I'm going back to the NY forums now where I belong...... be well....:-)
Long and the short of it is first as the Homeowners Association to see if others have the same discomfort and decide with them on how to approach the Developer. If your HOA is unwilling, then call the Developer yourself. Then follow up your call with a formal letter outlining your concerns and what your perceive is the outcome of the call. If you mail it by regular mail, I would call the Developer to make sure they get it and write on your copy the name of the person who confirmed the delivery, the date & time of your call. You need to keep a record of all correspondence with your notes on it. If the HOA is dealing with it, the HOA needs to keep copies of notes from telephone calls and letters sent.
You can also explore your options by talking to a contractor or structural engineer. Most realtors have contacts readily available for your use.
If no resolution is made, the HOA can always talk to a real estate attorney.....But that can be costly. I would hope the Developer would want to deal with you all before it came to that.
I like the last name but in California we don't use attorneys.
Did you ultimately buy in the 888 7th St. development? They are nice units and I really like what is going on in the neighborhood.
There could be a few reasons the fans are too noisy and it can be dealt with by first asking the developer about the noise levels coming from them and getting a better understanding of exactly how loud they are, if anything is wrong with them that can be fixed, was the noise factor in your unit thought of during the design, can you move to another unit. Explore all the options because the worst thing you can do is spend time hating where you live. Be aware that it can also be a manifestation of buyerâ€™s remorse. You know, just the focal point of a very common anxiety that hits first time home buyers every time.
Ask the questions and get the facts. If the noise can be dampened, great but don't let this become a focus of your anxiety over having made the right decision. If it can't be quieted then if you realize that you went through the process and made the correct decisions along the path to homeownership the noise will probably fade away as a nuisance.