Stuck?

[fightinsquirrel]

What is the name of your state?What is the name of your state? Nebraska

We recently moved into our new home from California. A day after closing, we discovered that we are about 100 yards from a major thouroughfare for freight trains. We were told we would "have to get used to it."

I feel that our agent should have some responsibility of disclosing this to us.

Am I wrong and simply out of luck?

[HomeGuru]

Originally Posted by fightinsquirrel

What is the name of your state?What is the name of your state? Nebraska

We recently moved into our new home from California. A day after closing, we discovered that we are about 100 yards from a major thouroughfare for freight trains. We were told we would "have to get used to it."

I feel that our agent should have some responsibility of disclosing this to us.

Am I wrong and simply out of luck?

**A: you were told correctly.

[PghREA]

Did you not look around outside the home when you viewed it? You should have been able to see the train tracks from a window (100 yards - 300 feet.)

[I AM ALWAYS LIABLE]

My response:

I guess you can honestly state that you and your family are from the "wrong side of the tracks."

I must agree with the conclusion of my learned friend and contributor, Homeguru, when he states:

"You were told correctly."

However, more to the point, and accurately stated, is the conclusion of contributor PghREA when he says:

Did you not look around outside the home when you viewed it? You should have been able to see the train tracks from a window (100 yards - 300 feet.)

California Civil Code § 2079 et seq. does not relieve buyers of the duty to exercise reasonable care to protect themselves. In particular, regardless of the broker's disclosures, buyers cannot turn a blind eye to known facts or facts within their "diligent attention and observation." [Ca Civil § 2079.5; Furla v. Jon Douglas Co. (1998) 65 Cal.App.4th 1069, 1079, 76 Cal.Rptr.2d 911, 916; see Assilzadeh v. California Fed'l Bank (2000) 82 Cal.App.4th 399, 413, 417, 98 Cal.Rptr.2d 176, 184, 187]

Actionable nondisclosure relates to facts not discoverable by the purchasers. By contrast, there is no actionable breach of § 2079 duties with regard to information as readily available to prospective buyers as it is to the seller's brokers. [Sweat v. Hollister (1995) 37 Cal.App.4th 603, 608-609, 43 Cal.Rptr.2d 399, 402 ("That disabilities may exist should be obvious to any buyer")]

Let me guess - - Riverside / San Bernardino.

IAAL

[HomeGuru]

Choo choo**************....