I bought a house from a private sale. (for sale by owner)
I love the house and the neighborhood is mostly quiet. However, the seller failed to tell me that the people next door are gang members and sell drugs right from their front porch. Had I known this
I would have never bought the house. What are my legal rights as a consumer and can I get out of my mortgage without hurting my credit?I need sound legal advise on a real estate purchase?
The seller's duty is usually only to disclose hidden defects to the house, and defects that he has hidden or actively misrepresented to you. Even if he did make misrepresentations, you will have to prove it in court to get any relief.
On a more practical level, gang bangers are nor usually homeowners. If they are renters, contact their landlord and inform the landlord of the criminal activity taking place on their property. The police cause a lot of damage when they conduct a raid. The police can also order the house boarded up or demolished as a public nuisance.
Make sure your property is fenced, you have a dog with a bad reputation, like a doberman, and that you have security lighting. Deal with the landlord, not the tenants.I need sound legal advise on a real estate purchase?
Every single time you see illegal activity taking place call the cops; period.
Call the non emergency number and ask to speak to an officer on the gang detail and or drug task force. Explain your situation to them. If they are unaware of the problem (not likely) they will now be advised of the issue. Chances are they know all about it but like most things in life the squeeky wheels get the greese.
Follow the advice of one of the other posters, call the owner of the property and let them know what is happening. If the owner cares at all he or she will start taking steps to evict the loosers.
I agree with the other poster that getting out of your mortgage is most likely not going to happen. The lender did everything they said they would do; IE gave you money to buy the house.
Bottom line, get law enforcement involved. Talk to the other neighbors and band together. You can get the looser out if everyone gets involved.
Where do you live? Is it California?
Did the Seller give you a Disclosure Statement (DS). Does your State require a DS in the sale of a house. You must find this out, call a local real estate agent or contact your State consumers office.
If you have a DS, read the part where this type of information would be disclosed. If the DS required this to be disclosed, then you may have a good cause or issue. The fact that you have proof of the drug activity and that it was not disclosed will not cancel your mortgage. You are 100% responsible for the mortgage.
If you have a valid cause, then you need to get Real Estate Attorney to:
1. Renegotiated the sale price of the property, OR
2. Void the sale (requires a jury trial) and get your money back.
You may also want to contact the police dept and find out what you and the rest of the neighborhood can do. In the past I heard where the neighbors got together and started video taping the illegal activity to discourage it. But this won't get rid of your next door neighbors.
Good luck.
The only thing the seller had to disclose was information regarding that property. I would suggest you do exactly what was done to you, sell and tell the new owners nothing.
Wow, that's rough. Off the top of my head, I don't think that the seller is obliged to disclose anything about the neighbors. I would suggest consulting with an attorney. Am I to understand that this is a fairly good neighborhood, otherwise? I would get to know the other, more respectable, neighbors, and find out what they think. If it is a good neighborhood, and the other homeowners don't want this kind of activity bringing down their property values, then it may only be a matter of time before their operation gets closed down, and they are forced to move on down the road.
If the U.S. had a different approach to the ';war on drugs'; this sort of thing wouldn't be going on in anyone's neighborhood. Sorry for getting so preachy, talk to a lawyer, and then you will know where you stand.
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