Bill S., Home Seller in Encinitas, CA

What do agents do to detour buyers who want to move into an area with racing events, or airport noises?

Asked by Bill S., Encinitas, CA Sun Nov 4, 2007

where sanctioned boat racing events have been going on since the 1930's. The events are well run, and they can be quite loud, which is very attractive to me, my daughter races. The buyer knew through disclosure the noise and event was going on. Yet after the sale they cause nothing but trouble, going so far as buying devices to measure sound loudness and standing before city council to complain. This has to be a problem for the realtor, as everyone in this life seems to want to be sue happy. So, what do or can any of you do to detour that sale? It seems that if an event has taken place for 70 years at a site, it was there long before a buyer was....The same arguement can be made for airport or freeway noise in any location....And I know that would be hard, because as I tour Long Beach during the races, I see reminders of Coronado Island and obviously, 3 million dollar plus houses in the harbor which would cost the agent about $80K in commissions depending on their split...

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Karen:

when I first saw the stadium this year, and watching my daughter wreck her boat in the 1st turn and go into the water, I knew everything I read about it's history through racing magazines in my youth was true. She came ashore on the stretcher, sat up and walked over to me and the crowd went wild....

The stadium was designed and built for racing. As we toured the streets after the races on the way to our hotel, I placed in my goal list, that someday, should we decide to buy waterfront property, I would do Longbeach in a Chicago nano second! I had not really looked hard at pricing, but, I'm betting, that through my experiences as a contractor in California, it would be comparable to Coronado, the 3mm ranfge on the water, less in the stdium proper....
And you are right about this particular person. I read somewhere that the only person a realtor could flat out tell they would not work for is a lawyer...I have a saying that if people like that were machines, they would have two moving interchangable parts....A bottom side and a mouth! LOL With this guy, I can see why!

Thanks for the great responses from everybody!
1 vote Thank Flag Link Mon Nov 5, 2007
Great answers thus far from everyone. It is pretty disheartening that a realtor cannot legally answer specific questions relavant to the area where a client is looking. I'm originally from Chicago, where the Board of Realtors essentially started "white flight" in the 60's after mayor Daily excepted federal money to build housing projects for black folks relocating from the south. Shortly after the scare tactics were used to create the mass migration to the suburbs, the need for steering laws came about and here you have what you have.... But you knew that from taking your realtors exam! :):) I get it! There are numerous legitimate questions however, a seller could have for you that you cannot answer. Rules are rules I suppose.....

With reference to noise or nuisance places, I'm old school. If the noise was there before you were, learn to love it, go on a trip for the weekend of the event, or move. And if they move, more clientel for you guys! It's kind of like that same mentality where if a person walked into a bar during the days smoking was allowed, smoke was what one expected in the bar. You did not need to enter the bar, and honestly, you would be the rude one for asking everyone to put out the smoke....

There was a time at Longbeach that races occurred every weekend, and, the late 50's through the 60's brought very loud boats...Since then, we've tuned them down, made them faster, safer and alike. And, due to the complainers, who knowingly moved to that site, there are only about 2 races a year during specific time frames. Noise is limited to no more than one total minute of 90DBA over a 10 hour day. Thousands of dollars are raised for local charities, and, it's a fun event....Tons of home owners line their balconies and have race parties, just as you would for Superbowl, yet 2 or 3 people constantly complain....

Once again, great answers, thanks for clearing the thoughts I had up!
1 vote Thank Flag Link Sun Nov 4, 2007
Hi Bill, the topics contained in your question is exactly why I provide a "buyer package" and have the buyer fill out my buyer survey or my online guestbook before I show them properties, so that I know what their initial criteria and material issues are. California Realtors also have a form designed specifically for this purpose. Buyers have the duty to investigate the property and the area as spelled out in the contract, sellers have the duty to disclose as spelled out in the contract. Also, take a look at a publication called The Property Transaction booklet published by California Association of Realtors which covers these responsibilities very well. Why is this the Realtor's problem if the seller disclosed the particular things you describe and the buyer signed off on the disclosures? And, what is noisy to one person is not so noisy to another--I have a client who loves hearing airplanes fly overhead. It's important to know that Realtors do not "detour" clients--that word to me implies steering which is not something Realtors engage in.
1 vote Thank Flag Link Sun Nov 4, 2007
Hi Bill. What you describe is called moving to the nuisance and it's always been a problem. I used to live near a small municipal airport that was there before all the houses around were built, but people still complained about the little airport although they knew that it was there when they built or bought their homes nearby. The same is true for shooting ranges.

I am not sure if I understand what you mean by "detour." I am assuming you are suggesting that agents try to keep their clients out of those areas and don't show properties there or are you just talking about going around the area on the days the events take place?

As an agent, I don't decide where a client will buy a house. However, it is my job to make sure the client receives all the necessary information to make an informed decision. Disclosing known nuisances would be part of that. Once the client knows about the nuisance and decides to move in the area anyway, agents will do nothing to "detour" the sale.
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1 vote Thank Flag Link Sun Nov 4, 2007
Ute Ferdig -…, Real Estate Pro in Newcastle, CA
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Hi Bill,

Unfortunately this is the type of lawyer who gives all the good ones a bad name.

The Marine Stadium area is a fabulous place to live! It's considered very desirable and I sure the gentlemen in question would have little difficulty selling his home, even in this market.

Best of luck,

Karen Miller
0 votes Thank Flag Link Mon Nov 5, 2007
I don't think it is up to the REALTOR to detor a buyer from moving into an area with racing events or airport noises. Disclosures are for that purpose as you mentioned. I think more to the point is unfortunately REALTORS can't not determine who is going to make a good neighbor and be happy with their home purchase. It sounds like the buyer you describe is possibly a difficult person who does like to make complaints. It is unfortunate. Downtown LB has had the Grand Prix for as many years as I can remember and I did grow up there. It would not be something that a buyer wouldn't know about.

Enjoy your daughter's races!
0 votes Thank Flag Link Mon Nov 5, 2007
Karen:

Thank you for your insight. Specically, let me give you a location without an exact address, because I don't have one. Are you familiar with Long Beach Harbor, specifically, Long Beach Marine Stadium? Two launching ramps off the inner harbor with a yellow sandy beach right off the access road? And rows of homes within 150' of the shoreline? Many of those owners enjoy the day of the races, having parties of the balconies. Then there are the few who bought long after the Stadium was built, knew races occur there, and they should be glad there are only 2 a year rather than every weekend as it once was, and cronicle complaints. One happens to be a lawyer. I like you answer of fitting a buyer with an environment that is convenient for their lifestyle shall we say. I'm thinking that perhaps those who bought and are complaining of the 4 days of noise a year either should not have bought there, need to learn to co-exist with the event or need to move rather than attempt to change something that was there long before they were.....Great insight though. you given me an idea or two.....
0 votes Thank Flag Link Sun Nov 4, 2007
Hi Bill,

I also question the "detour a sale". As Realtors, our jobs are to make sales. When representing a seller, it is the Realtor's responsiblity to disclose, disclose, disclose! All potential buyers should be aware of existing "nuisances" to the property. For example I have sold quite a few properties near the Long Beach Airport. The key is finding a buyer that is delighted to be able to take a taxi to the airport for less than $10.00!

When a Realtor represents the buyer there is a little more work involved. The first step is to really understand the buyer's motivation to buy a home. What is truly important to that buyer may mean little to another. The Realtor's role is to find the best properties within the buyer's budget. I cannot imagine personally trying to "detour a sale".

When the Realtor has done his due diligence in terms of investigating nuisances and all known problems are disclosed, one would think they could avoid litigation. Unfortunately this isn't always the case. That is why one of the many expenses that Realtor's bear is Errors & Omissions Insurance.

I would love to know just where the property you speak about is located. I know many properties in downtown Long Beach sell every month & these rarely have litigation problems. If I knew more specifics, I could give you a more concrete answer.

Karen Miller
0 votes Thank Flag Link Sun Nov 4, 2007
I read your whole question, but I have no idea what you mean by "detour a sale".
0 votes Thank Flag Link Sun Nov 4, 2007
Hi Bill:

Yes, you brought up a specific question about a specific location, but the same logic can apply to any location with similar problems, whether its' airport, racing events, airport, etc. .

The only thing we, as selling agents, can do, is to advise our clients to disclose the fact that there are certain nuisance to the property that they are buying. If there are

As buyers agents, we also have to advise our buyers of the nuisance to a specific area and ask our clients to do their own inspection and see if they can live with the annoyance. As you said, the noise to the buyers are music to your ears. Each person's definition of nuisance is different.

For locations near airport or freeway, it's a more common occasion; and as a buyers agent, I will probably advise my clients to go to the property many times at different times of the day and week, investigate and see if they can handle that noise. They also might want to project to the future on whether they will be expansion to the airport or freeway or whatever.

However, with racing events, it' will be much more difficult to go there and observe unless you happen to sell around that time. I suppose the agent will have to advise their clients to research how many cars/visitors etc are attending the race in general. This is definitely more difficult. I do know that we have the NASCAR race here at Sears Point in Marin/Napa; and the traffic can be horrendous on certain local stretch of highway around that time; but the race track is not close to residential area.

This is another reason why a buyer should hire local real estate pro who knows about the area to represent them. They will be able to advise them much better on local situations.

Sylvia
0 votes Thank Flag Link Sun Nov 4, 2007
Sylvia Barry,…, Real Estate Pro in Novato, CA
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