Home Buying in San Jose>Question Details

Daniel, Home Buyer in San Jose, CA

if I was never disclosed problems with neighbores

Asked by Daniel, San Jose, CA Mon Feb 9, 2009

how long do i have to take care of this, it was never disclosed that the previous tenants had problems with the upstairs neighbores, I just foiund out by other neighbores.

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Answers

6
Daniel,

Your best resource is to consult with a real estate attorney. Realtors cannot reliably give such legal advice.

Regards,
Ali Moein
(408)439--5748
1 vote Thank Flag Link Mon Feb 9, 2009
The Statute of Limitations (the period in which you have a legal right to bring a lawsuit against someone) is what an attorney can advise you on. No matter how good your case is, if you don't bring an action in time, you are out of luck. Normally, it is 4 years in a situation such as yours. But, I'm with those who recommend seeing an attorney ASAP to see what the period of time is that you have. THEN you can decide what course of action to take. First get the legal information, then try to resolve it without having to go the legal route if you have the time. My husband is an attorney and he has always recommended trying to resolve an issue before you sue. Sueing should be a last resort. Good luck. And if you are willing, I would love to know how you resolved the issue.
0 votes Thank Flag Link Tue Feb 24, 2009
Did you buy a home that was previously occupied by tenants and not the owner? In other words, the previous owner did not live in the property, it was a rental? If the previous "tenants" had problems with the upstairs neighbors, it's quite possible the owner (the tenant's landlord) was unaware of any issues and therefore would not have been able to disclose that information when the property was sold to you. Are you now having issues with upstairs neighbors? See if maybe the HOA can help you resolve them. You may also consult an attorney but you might want to start with the Home Owners Association. Additionally, when you purchased the property, you should have been provided with a copy of the HOA CC&R's (Conditions, Covenants & Restrictions). Check those documents to see if the neighbors are following the rules.
0 votes Thank Flag Link Mon Feb 16, 2009
Daniel, for whatever its worth, CAR Legal (the legal source for Realtors) suggests, "When in doubt, disclose." There are a few standard disclosures that would cover the situation you have shared. However, this presupposes that the Agent had knowledge of this issue, it sounds like the Seller did by default. Make mine the 4th vote for talking with a RE Lawyer. Best, Steve
0 votes Thank Flag Link Tue Feb 10, 2009
Daniel,

We're not certain that neighborhood discord is an issue that is required to be disclosed. As previously stated, the best source of information would be found by contacting an attorney
0 votes Thank Flag Link Mon Feb 9, 2009
Ali has hit the nail on the head. Consult with a real estate attorney. If you need a referral, feel free to email me.
0 votes Thank Flag Link Mon Feb 9, 2009
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