QUESTION
I purchased a home about 11 months ago. The roof makes really loud popping and cracking sounds at night that wake up the entire family.
Asked on Jan 18th, 2012 on Real Estate - Florida
More details to this question:
I had the house checked by a structural engineer and it cleared from any problems. However, the noise is sooo loud we cannot sleep.. The seller never discloused that the house made such noises. Can I sue him for non disclosure? If so, if there is nothing to repair, what can I sue for? can I nullify the contract?
1 ANSWER
Real Estate Attorney serving West Palm Beach, FL
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Ward Damon
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A house seller is obligated to disclose all known material defects that affect value. If the noise is so loud that (i) the Seller knew or should have known; and (ii) your susceptibility is not out of the ordinary (meaning that the noise would disturb a reasonable person) then a claim may exist. What is unusual is that the structural engineer said it was free from issues. This makes no sense given the noise so the first step is to have the roof checked by a second engineer or a roof contractor and determine what is actually causing the noise. Once that is determined, a claim could be made to the old owner to seek to recover the costs of the repair.
Answered on Jan 19th, 2012 at 11:06 AM