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need a lawyer to sue the seller for not disclosing the nusiance neighbors

This legal question related to Real estate attorneys in Redwood CityCalifornia has been answered.

Location: Redwood City  |  Law type: Real estate attorneys

. I am writing to seek your legal assistance and guidance in a potential lawsuit I am considering against multiple parties. The previous homeowner and the real-estate agent. - The previous homeowner’s knowledge of noise issues and not disclosing this,  The former owner of the property was fully aware of the sound disturbances instigated by the lemo foundation and surrounding resident. Even with this awareness, she chose not to divulge these auditory inconveniences during the home’s sale. These issues have significantly impacted my quality of life as a homeowner. I believe there are grounds for legal action against the previous homeowner, the real estate agent involved in the property transaction, The previous homeowner did not live at the house, but rather her parents did. Her father passed away years ago and her mother this year. The mother was deaf. However, the previous homeowner would visit the property regularly, particularly during the last couple of years, and took care of maintaining the garden and looking after her mom. On the disclosure statement, it was indicated that the building behind my property was a commercial event center. However, it did not specifically mention the extent of the noise disturbances caused by the Lemo Foundation or the impact it would have on the property. Looking into it, I found that it is classified as a recreation facility not a commercial event center like she put down. Recently, due to the ongoing frustrations caused by the noise from the Lemo Foundation and the neighbors, I reached out to the previous homeowner via text message. We had been communicating through text during the moving-in process, and I expressed my disappointment and upset over her failure to disclose the noise situation from the Lemo Foundation and the neighbors. In response to my text, she came to visit me on the same day. During our conversation, she acknowledged that she was aware of the noise from the Lemo Foundation but claimed that she would simply tune it out. However, she did not disclose the extent of the noise or its impact on daily life. I also brought up the issue of the neighbors, which she had failed to mention in the disclosure statement. She admitted that the neighbors do party on weekends and confirmed that she was aware of their behavior. She told me to try using ear plugs. . These revelations and discussions occurred during the previous homeowner's visit to address my concerns after my text message expressing my frustration. It is clear that there were significant omissions and misrepresentations in the disclosure statement, which have directly impacted my quality of life as a homeowner. To provide you with some background, I recently purchased a home located at 3015 E Bayshore Rd, Spc 420 Redwood City, CA. Since moving in, I have been confronted with consistent and excessive noise coming from the Lemo Foundation, which is situated approximately 50 feet from my backyard. Originally a volleyball facility, the Lemo Foundation has expanded its operations over the past five years to include basketball, baseball, and summer camps, among other recreational activities. They operate seven days a week from 8 am to 9:30 pm, and host major championship events that attract large crowds of up to 100 people or more. My primary concern relates to the batting cages inside the Lemo Foundation and the summer camps held outside. Groups of kids often queue up just 50 feet from my home, waiting for their turn to use the batting cages. During this time, they engage in loud cheering, laughing, yelling, and other activities associated with their recreational pursuits. The sound of aluminum bats striking baseballs reverberates for hours on end, creating an unbearable soundscape that permeates my bathroom, bedroom, and living room. They have the doors open while batting practice is going on. This constant noise pollution has had a severe impact on my well-being and mental health, and I am at my wit's end. When I leave my house, I still hear the hitting of balls in my head. The Lemo Foundation's parking lot, which has only one entry and exit point, is located right against my backyard fence. During events, the staff uses walkie-talkies to direct the flow of cars in and out of the parking lot. Unfortunately, the staff members stand next to my fence, beeping the walkie-talkies incessantly throughout the day. This continuous noise intrusion has become a major source of frustration and disturbance for me. Despite my attempts to address the noise disturbances caused by the Lemo Foundation by emailing the manager and submitting videos of the noise, I have not received any response. Instead, I discovered that the manager has been contacting the managers of the park I live in, rather than directly addressing my concerns. To my surprise, the manager of the Lemo Foundation escalated the situation by involving the police. They called the police to my house, and the officers instructed me not to send any more emails to the manager and to reposition my security camera so that it does not face the Lemo Foundation. Additionally, one of the officers expressed his personal support for the Lemo Foundation and made it clear that he has a positive opinion of them. I discovered that I knew the owners of Lemo foundation. When speaking to the sister of the owner, she informed me that the emails sent by tenants in the park are simply discarded and thrown in the trash. According to her, the Lemo Foundation has had numerous arguments with tenants in the park I live in, in the past, resulting in their decision to ignore complaints altogether. She did mention that, now that they know me, they might show a little more respect, but she also indicated that nothing is likely to change. Furthermore, I had a conversation with the owner of the Lemo Foundation, he confirmed that the noise issue has persisted for the past 15 years and expressed the belief that not much is going to change. He did feel that I got railroaded and told me to go after the homeowner and said if it would help, he would go to court with me. I have even resorted to using a decibel meter, which has confirmed the excessive noise levels. I started to look into batting cage permits which I don’t believe they have and the city noise ordinance laws. It is evident that the manager of the Lemo Foundation and the local authorities are not taking the noise disturbances and their impact on my well-being seriously. Their lack of response, dismissive behavior, and attempts to silence me are unacceptable. Which means that as long as I live here, I will have to hear this every day. As I am sitting here writing this, I have heard Clink clink clink, which is the ball hitting the aluminum bat. This has been going on for at least two hours now. I have a nice backyard area that we completely redid, and I cannot even enjoy my time outside. Usually from 6:30 – 9:30pm three times a week or more they practice nonstop hitting the ball, with music/bass playing in the evening. That is practice time. But throughout the day anyone can come in and hit the ball. The neighbors have parties every Saturday and Sunday and sometimes during the week. The last party they had; a guest defecated on my property. When asking the neighbor to clean it up, instead of removing it the sons took the hose and sprayed it in my backyard. The management is now getting involved with the three big incidents that I have had. After the son was in my face and told me that he does not give a shit if the music bothers me then he proceeded to say that I should have looked into the noise before moving in the house. Speaking with the neighbors this has been going on for years with this house. Given the circumstances, I firmly believe that legal action is necessary to address the ongoing violations of my rights as a homeowner. I kindly request your expertise and support in pursuing a lawsuit against the previous homeowner, who failed to disclose the potential noise disturbances caused by the Lemo Foundation, as well as the real estate agent who facilitated the property transaction.

Commonly posted questions...

3 months 1 week ago, Real estate attorneys, Alabama

Legal Solution

The response provided below is specific to Real estate attorneys in the jurisdiction of Redwood City. If the response is inadequate, please submit a detailed inquiry.

Your Legal Query

You are facing a significant nuisance issue due to noise from the Lemo Foundation and neighbor activities not disclosed by the seller prior to the sale of your property. The omission of these facts has adversely affected your enjoyment and use of your property. Given the complexity of your situation, it involves several legal considerations including, but not limited to, non-disclosure and misrepresentation by the seller, potential zoning violations by the Lemo Foundation, and local noise ordinance breaches.

Legal Framework and Resources

While specific statutes and ordinances can vary by locality, the issues you've raised generally fall under real estate law, specifically non-disclosure in property transactions, and municipal code violations regarding noise. In California, sellers are required to disclose known issues that could affect the property's value or desirability.

  • California Civil Code Section 1102-1102.17: Details the seller's obligations for disclosure in real estate transactions.
  • Local Zoning Ordinances: Govern the use of properties within certain areas, which the Lemo Foundation's operation may violate.
  • Local Noise Ordinances: Municipal laws regulating allowable noise levels that could be enforced against the Lemo Foundation.

For the most relevant and up-to-date resources, visiting the California Legislative Information website and your local city or county website for zoning and noise ordinances would be the best course of action.

Potential Legal Actions and Solutions

Your situation may warrant several approaches to find resolution:

  1. Real Estate Non-Disclosure Litigation: Suing the seller for failing to disclose known nuisances.
  2. Negotiation: Mediation with the Lemo Foundation to find a mutually agreeable solution to the noise issue.
  3. Municipal Enforcement: Contacting local government to enforce noise and zoning ordinances.

Engaging a Real Estate Attorney experienced in non-disclosure disputes in your area would be a critical next step. They can provide guidance on collecting evidence, such as the acknowledgment by the previous owner of the noise issues, and on how to proceed with potential litigation or other remedies.

For detailed advice and to explore your legal options, you may want to compare lawyers in your area or find the right lawyer to assist with your case.

Cost Considerations

The cost of pursuing legal action can vary widely based on complexity, required expertise, and the length of the process. Below is a table of estimated costs for legal services in Redwood City, California, along with the percentage difference from the national average:

Legal Service Estimated Cost (USD) % Difference from National Average
Initial Consultation $350 - $500 +10% to +15%
Full Legal Representation $5,000 - $15,000 +20% to +25%
Mediation and Negotiation Services $2,500 - $7,500 +5% to +10%
Filing a Lawsuit $1,500 - $5,000 +15%
Hourly Rates for Legal Work $250 - $450 +10% to +20%

Legal fees in Redwood City are generally higher than the national average due to the high cost of living and operation in the area.

Complexity of Real Estate Non-Disclosure Cases

Case Studies and Resolutions

  1. Non-Disclosure of Noise Pollution: A homeowner successfully sued the seller after proving that the seller was aware of, but did not disclose, significant noise pollution from a nearby commercial facility. Resolution involved monetary compensation for diminished property value and enjoyment.

  2. Zoning Violation by Adjacent Property: A property owner contested the use of adjacent land which was not in compliance with local zoning laws affecting their property's use and enjoyment. The issue was resolved through municipal enforcement action against the violating property.

  3. Noise Ordinance Violation: Residents banded together to file a complaint against a local business causing excessive noise outside permissible hours. The resolution came through enforcement of local noise ordinances, resulting in reduced operating hours for the business.

Key Questions for Further Clarification

  1. Have you documented all communications with the seller and the Lemo Foundation regarding the noise issue?
  2. Have you gathered evidence of the noise levels, such as recordings or decibel readings?
  3. Are you aware of any other neighbors who are also affected and might support your claims?

Frequently Asked Questions

Q1: What constitutes sufficient disclosure by a seller?

Disclosure requirements can vary, but generally, sellers must inform buyers of known material facts that could affect the property’s value or desirability, including nuisances like noise.

Q2: Can I sue the seller after closing if I discover issues they didn’t disclose?

Yes, if you can prove the seller knew about the issue and failed to disclose it, you may have grounds for a lawsuit.

Q3: What is the statute of limitations for filing a non-disclosure lawsuit in California?

The statute of limitations for filing a real estate non-disclosure lawsuit in California is generally three years from the date the buyer discovers, or reasonably could have discovered, the issue.

Q4: How do I prove the seller knew about the nuisance?

Evidence can include prior complaints made to the seller or local authorities, disclosures from previous sales attempts, or admissions made by the seller to you or others about the nuisance.

Q5: What remedies are available if I win a non-disclosure lawsuit?

Remedies can include rescission of the purchase contract, damages for repair costs or diminished value, and sometimes punitive damages if fraud is involved.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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