Legal Question in Real Estate Law in California

I sold my house two months back. Recently I got a letter from buyers attorney claiming that there is lot of noise from near by church. He wants to cancel the deal otherwise wants to go for mediation. What can I do.


Asked on 11/07/13, 10:06 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't know how one can "cancel" a transfer of ownership of real estate that's already occurred. Kind on like "unringing the bell" to make a silly joke. To reverse a completed real estate transaction, you'd have to sell it back, including preparation, execution and delivery of a new deed. If the buyer got a loan to make the purchase, which is likely, there's the further complication of paying off the lender. So, the lawyer who's suggesting canceling the deal probably hasn't given must thought to how that could be done. Money damages is the more usual way of addressing any problem such as failure to disclose in a real estate deal.

As to the specific complaint here, I have several thoughts. First, most residential real-estate deals include a "Transfer Disclosure Statement" of legally-prescribed format per Civil Code section 1102.6. In Section II(C)(11), the seller is asked to check either a "yes" or a "no" box to indicate whether he/she is aware of any neighborhood noise problem. Did you use a Transfer Disclosure Statement, and if so, which box did you check? Of course, there is also the question as to who perceives certain sounds as "noise." Some people like church bells, others don't. Some are awakened by church noise, others are part of it, or long gone by the time the so-called noise begins on Sunday morning.

In sum, I'd say you have a problem brewing, but canceling the deal almost certainly isn't among the practical choices. I'd take the letter to (a) the real-estate broker who handled the transaction for you (if any) and (b) a local real-estate lawyer. Look to see what was checked on your TDS. Listen to the neighborhood sound level on Sunday morning and see whether you think the complaint is worthy or nitpicking. Then, with this advice and information, I'd seriously consider agreeing to mediate. This could result in a speedy, peaceful and perhaps inexpensive resolution of the complaint.

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Answered on 11/08/13, 10:52 am


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