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I recently bought a condo that happens to be maybe a quarter mile away from a fire station. I know, I know - I should hace done more due diligence and driven around the surrounding areas myself before deciding to buy.

There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

EDIT:

What is listed below is listed as a material fact that should be disclosed. I would think a fire station would fit in there:

Existence of nearby businesses or facilities that may impact quality of life (e.g., prisons, quarries, industrial facilities, airports, rail lines, etc.)

Member Summary
Most Recent Posts
why ask here (other than to troll)?

find a local, experienced RE attorney who offers a free consultation (even if by ph... (more)

hehaf (Jan. 17, 2017 @ 11:55p) |

Why would your recourse (if you had any) be against your real estate agent?  In the states where I have purchased proper... (more)

MrJoeyJoeJoe (Jan. 18, 2017 @ 10:01a) |

Check police records and hope someone was murdered in the house. Some states require disclosure for that. https://www.re... (more)

atikovi (Jan. 18, 2017 @ 10:09a) |

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rated:
No, NO, and NO. Even if the RE agent is a known serial killer, you still don't have any case.

​/not a lawyer, but I stayed in Holiday Inn once.

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OP, please use the Self-Confirmation thread if you don't like truthful answers.

/Thanks for coming to FWF and have a nice day.

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ZenNUTS said:   OP, please use the Self-Confirmation thread if you don't like truthful answers.

/Thanks for coming to FWF and have a nice day.


Your truthful response was fine ZenNuts...

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TeaHee said:   I recently bought a condo that happens to be maybe a quarter mile away from a fire station. I know, I know - I should hace done more due diligence and driven around the surrounding areas myself before deciding to buy.

There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

  nope. it is not a material defect related to the property.  

rated:
sharpie130 said:   
TeaHee said:   I recently bought a condo that happens to be maybe a quarter mile away from a fire station. I know, I know - I should hace done more due diligence and driven around the surrounding areas myself before deciding to buy.

There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

  nope. it is not a material defect related to the property.  

  Even if it were a material defect, the fact that the buyer could easily discover the fact probably precludes any legal tort claim.

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stanolshefski said:     Even if it were a material defect, the fact that the buyer could easily discover the fact probably precludes any legal tort claim.
  Exactly.
What is next, the house is close to a freeway with traffic constant noise. Close to a school creating traffic due to drop-off/pick-up.

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Not only that, but one of the questions the condo owners/homeowners insurance company asked you when you called to get a quote was "how far from the nearest fire department are you"

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juliox said:   Not only that, but one of the questions the condo owners/homeowners insurance company asked you when you called to get a quote was "how far from the nearest fire department are you"

False.

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TeaHee said:   
juliox said:   Not only that, but one of the questions the condo owners/homeowners insurance company asked you when you called to get a quote was "how far from the nearest fire department are you"

False.

  
Yep, not every insurer asks. Some have database they utilize. I got quotes form eleven companies for my detached house this year. Only 5-6 of them asked how far fire station was, rest could figure it out themselves. Of those I think most asking something along the lines of 'is the fire station on XYZ Street still the closest one.'

That said, good luck with your new condo. You will get used to the noise eventually. Or decide to rent out and move. And no, you don't have any real legal recourse. Though this is the USA, feel free to sue over anything.

You could see what kind of windows and sound proofing your unit has and what your condo allows in terms of renovation. Sound dampening matting, curtains, and insulation are all options. I've found cellular shades (double cell) to be cost effective if fitted properly.

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TeaHee said:   There are constant sirens which I can hear loud and clear though all hours of the day and night. Look on the positive side ... you will be awake when they come to put out the fire in your condo.
  

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jarfykk said:   
TeaHee said:   
juliox said:   Not only that, but one of the questions the condo owners/homeowners insurance company asked you when you called to get a quote was "how far from the nearest fire department are you"

False.

  
Yep, not every insurer asks. Some have database they utilize. I got quotes form eleven companies for my detached house this year. Only 5-6 of them asked how far fire station was, rest could figure it out themselves. Of those I think most asking something along the lines of 'is the fire station on XYZ Street still the closest one.'

That said, good luck with your new condo. You will get used to the noise eventually. Or decide to rent out and move. And no, you don't have any real legal recourse. Though this is the USA, feel free to sue over anything.

You could see what kind of windows and sound proofing your unit has and what your condo allows in terms of renovation. Sound dampening matting, curtains, and insulation are all options. I've found cellular shades (double cell) to be cost effective if fitted properly.

  I think we need to redirect this to the fact that the OP obviously didn't rate shop enough for their insurance.
 

rated:
TeaHee said:   juliox said:   Not only that, but one of the questions the condo owners/homeowners insurance company asked you when you called to get a quote was "how far from the nearest fire department are you"

False.

I've gotten close to thirty quotes for homeowners insuranve, and that's something their sodtware automatically looks up with the address

Look on the bright side op. You'll have cheaper fire insurance and a quick fire and ambulance response .

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In most places an accurate sellers disclosure form sets them free from cases like yours. I can't imagine a reasonable jury believing that a fire station nearby is some kind of hidden defect. I'd invest in some curtains and earplugs if I were you. Maybe expensive soundproof windows if you have the money and the building will allow it.

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Early candidate for worst FWF thread of the year

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TeaHee said:   I recently bought a condo that happens to be maybe a quarter mile away from a fire station. I know, I know - I should hace done more due diligence and driven around the surrounding areas myself before deciding to buy.

There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

EDIT:

What is listed below is listed as a material fact that should be disclosed. I would think a fire station would fit in there:

Existence of nearby businesses or facilities that may impact quality of life (e.g., prisons, quarries, industrial facilities, airports, rail lines, etc.)


No. Besides what recourse would you possibly accept? The seller buying it back from you?

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rascott said:   TeaHee said:   I recently bought a condo that happens to be maybe a quarter mile away from a fire station. I know, I know - I should hace done more due diligence and driven around the surrounding areas myself before deciding to buy.

There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

EDIT:

What is listed below is listed as a material fact that should be disclosed. I would think a fire station would fit in there:

Existence of nearby businesses or facilities that may impact quality of life (e.g., prisons, quarries, industrial facilities, airports, rail lines, etc.)


No. Besides what recourse would you possibly accept? The seller buying it back from you?


None. As I mentioned earlier, I was only curious. Just wanted to check how far the "Material Fact" thing went and how the law would work here. I've heard of rail roads near by not being disclosed causing legal issues for the RE agent so thats what got me curious. Also this is a friend of a friend so I wouldn't pursue any legal issuse for something so mundane.

rated:
I used to live directly across the street from a fire station. It's amazing how well most people can learn to block out the noise after a pretty short period of time.

Don't forget to remind guests when they are staying over. It was awkward to have a guest over and have them tell me the next day they couldn't sleep because of all the sirens...

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What state are you in? These matters are state specific, and should always include the state when posting.

rated:
1) As said above, you'll get used to it and be able to sleep through it.
2) Many town fire departments don't run sirens anymore unless they need traffic to move out of their way. Try inquiring with your town's fire chief to look into a policy of selective use of sirens. Maybe there's even a study out there that shows sirens aren't needed 100% of the time that you can provide.

rated:
BostonOne said:   I used to live directly across the street from a fire station. It's amazing how well most people can learn to block out the noise after a pretty short period of time.
  The same goes with trains. There are train tracks 1/2 mile away from my house and a crossing nearby. I knew the tracks were there when I bought the place. The first night a train came through and sounded its horn at the crossing you could have peeled me off the ceiling. But after a couple weeks I didn't notice it anymore. Actually it has become something of a good sound.

Whenever looking at a house to buy over the years I always took a drive around the area and also spent some time sitting in my truck nearby at different times of the day. I thought this was the norm and everyone did it.

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Should the RE agent also have disclosed that a paroled serial killer lives 2 doors down? Sleep tight.

rated:
TeaHee said:   I recently bought a condo that happens to be maybe a quarter mile away from a fire station. I know, I know - I should hace done more due diligence and driven around the surrounding areas myself before deciding to buy.

There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

EDIT:

What is listed below is listed as a material fact that should be disclosed. I would think a fire station would fit in there:

Existence of nearby businesses or facilities that may impact quality of life (e.g., prisons, quarries, industrial facilities, airports, rail lines, etc.)


Another proof of the FWF Recourse Theorem: If the word "Recourse" is in the title, OP has no recourse.

rated:
the 3 rules of real estate

location location location

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why ask here (other than to troll)?

find a local, experienced RE attorney who offers a free consultation (even if by phone).

then you'll get a response from somebody who knows (or should know) what he's talking about.

YWIA

rated:
TeaHee said:   
There are constant sirens which I can hear loud and clear though all hours of the day and night. My question is do I have any legal recourse at this point? I would think that this would be considered a material fact and that I should have been made aware if it. The RE agent I used is a friend of a friend so I won't pursue any legal action regardless to avoid burning any bridges (pun intended) - I am just curious if I could.

 

  
Why would your recourse (if you had any) be against your real estate agent?  In the states where I have purchased property, potential recourse for the omission of a material fact would be sought from the seller of the house.  Of course, this means tracking down the seller and asking them to compensate you (what are you asking for?).  If the seller declines, then you could bring a lawsuit.  

It is possible that your state may have specific duties for real estate agents regarding disclosure, but I bring it up because it seems possible you are misunderstanding the process.  You could also check your agreement with your real estate agent to see what contractual duties he/she has to you.  However, I the agreement (if you have one) was drafted by the real estate agent's attorney/brokerage and is unlikely to provide you extra rights not required by law.

I am skeptical of your chances of succeeding in a lawsuit against a seller or real estate agent because you could have discovered the relevant fact pretty easily yourself.  If the problem is extreme (way more activity or much louder sirens than would could reasonable expect), then you could theoretically have a case against the seller depending on state law.  
 

rated:
Check police records and hope someone was murdered in the house. Some states require disclosure for that. https://www.redfin.com/resources/death-in-house-disclosure

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