what is my recourse if listiing agent for owner does not disclose major noisy construction at vacation rental and refuses to give refund?

Asked by Fernanda Chavez, New Jersey Mon Jan 14, 2013

I paid for 2 months rental back in July. At the time the bldg. across the way was undergoing construction. Contract stipulates if similar noise they would discount 10%. The noise is ten times louder, vibrating the unit all day, balconies are off and it is sealed from the outside.

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Carlos Escamilla’s answer
Carlos Escam…, Agent, Miami, FL
Tue Jan 15, 2013
The owner must disclosed everything related with the property and not anything related outside of the property.
no one can control that.

I'm really sorry for the inconvenience but as a listing agent I spend no more than 8 hrs on the property for the life of the listing. (showing, open houses, routine checks)

So we cannot predict how your neighbor is going to behalf.

you may consult an attorney
0 votes
It was the neighbor's noise when I booked it in July. The construction is now nall over the bldg. I am in, despite assurance from the owner when I booked that the work would be either done or on the front of the building. The owner was well aware because the association informs them. The realtor had been to the property in November 2012 to submit condo reference check. Also other realtors in this area that I spoken with in securing another place to stay were also all aware.
Flag Tue Jan 15, 2013
Ron Thomas, Agent, Fresno, CA
Sun Jun 2, 2013
Foremost; the LISTING AGENT is not responsible for DISCLOSING things that he does not have "first hand" knowledge of: If he hasn't lived in there, he would not be expected to know something like that.
Likewise, an absentee Owner, having not lived there, would not be aware of something like that.
Surely you visited the premises and did your due diligence? You didn't see a building being constructed across the street?
0 votes

Most people coming here or leasing vacation properties (for instance they said 2 months) do not physically come here to visit the property before renting. A lot of times it's just based upon the information provided from the owner/Realtors etc....and unfortunately not all agents have ethics/integrity etc..so who knows....
Flag Sun Jun 2, 2013
Michael DeFi…, Agent, Miami Beach, FL
Sun Jun 2, 2013
It's a very unfortunate situation.
0 votes
John Bennett, Agent, Orlando, FL
Mon Jan 14, 2013
Yep as others have noted, we sell dirt and homes and are NOT lawyers
0 votes
Roland Vinya…, Agent, Sprakers, NY
Mon Jan 14, 2013
The disclosures that I see only deal with things that are legally or physically wrong with a property. They do not concern themselves with the neighborhood, crime, noise, visual pollution, things of that sort. That said, it would appear from what you have written that in your instance, this may be different. Hence the advice to consult an attorney.
0 votes
Antonio Vega…, Agent, Saint Cloud, FL
Mon Jan 14, 2013
Consult with an attorney.
0 votes
thank you. what are my chances to recoup my money? I am on vacation and only here through February.
Flag Mon Jan 14, 2013
Phil Rotondo, Agent, Melbourne, FL
Mon Jan 14, 2013
Your recourse is to consult with a real estate attorney.
0 votes
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