Lake Elsinore, CA asked in Real Estate Law for California

Q: Can a buyer sue a seller for train noise that was disclosed?

We just closed on the sale of our house a month ago. We just got an email from our agent. The buyer's agent says the buyer wants us to compensate them for new windows. They are complaining about train noise which was disclosed. They are also claiming dogs barking which we never had an issue with when living there. Do they have a case?

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1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: It sounds like you would win the case, just based on what you have written here. That doesn't mean they can't sue you. Review the sale contract to see if mediation is required before bringing suit, whether attorney fees are available to the prevailing party, or any other terms that would affect the cost of litigation. You would likely benefit from investing in a consultation with a real estate litigation attorney in order to understand your options, and to make an intelligent choice in how to respond.

Yelena Gurevich agrees with this answer

1 user found this answer helpful

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