Real Estate

Problem Neighbors Must be Disclosed. The seller of residential real property has both a common law and a statutory duty to disclose any known neighborhood noise problems to a potential buyer. Failure to make the required disclosure may entitle the buyer to either (i) affirm the purchase contract and recover damages, including possible punitive damages for intentional misrepresentation, or (ii) rescind the contract and recover the purchase price, plus any consequential damages incurred, from the seller. (Shapiro v. Sutherland (1998) 64 Cal.App.4th 1534.)

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