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Answers (11)
- 2005pud
- Contributions:8
Here location
2624 WEST VIA SAN CARLOS
San Bernardino, CA 92410
- Dan, "the_country_hick"
- Contributions:4699
Debbie, to me traffic means nothing more than noise and congestion. The house moving is not expected or anticipated. This issue did however get me to add more one question to my list of things I would ask when purchasing any property. I did not have it on before as the entire concept of a house shaking from traffic in foreign to me. If a house shakes I still see that as an undisclosed defect.
- Debra (Debbie) Rose, "Livingston NJ"
- Contributions:2733
I agree with Sunny's opinion.
If there are 18 wheelers riding by in your "back yard", so to speak..then the road must be a fairly major one.................being located that close to a highway with that kind of traffic certainly has its obvious drawbacks......so, out of curiosity, .....wasn't this sort of traffic noted before buying the home?
This was not a hidden problem.
One wouldn't have to disclose the existence of a hghway with traffic, when it is clearly visible and audible.
Are there trees and a "buffer" zone between the house and the road?
That might help.
I doubt repaving will help, unless the road is not currently paved, or in extremely poor condition.
The backyatd of my townhome is located not too far from a highway...not only do I hear the traffic (at rush hour, especially)....I can sometimes feel an occasional vibration, too, when a large truck passes by (it's worse when the leaves are down during winter).
I'm used to it..........and I accepted this location when I bought the home.
If there are 18 wheelers riding by in your "back yard", so to speak..then the road must be a fairly major one.................being located that close to a highway with that kind of traffic certainly has its obvious drawbacks......so, out of curiosity, .....wasn't this sort of traffic noted before buying the home?
This was not a hidden problem.
One wouldn't have to disclose the existence of a hghway with traffic, when it is clearly visible and audible.
Are there trees and a "buffer" zone between the house and the road?
That might help.
I doubt repaving will help, unless the road is not currently paved, or in extremely poor condition.
The backyatd of my townhome is located not too far from a highway...not only do I hear the traffic (at rush hour, especially)....I can sometimes feel an occasional vibration, too, when a large truck passes by (it's worse when the leaves are down during winter).
I'm used to it..........and I accepted this location when I bought the home.
- Mack McCoy
- Contributions:1117
I think this is a disclosure issue.
I don't know how many 18-wheelers go by during the course of a day, but I'm thinking that a construction foreman had to have witnessed - or had reported to them - what you're experiencing as they were completing the homes, and should have reported that to a supervisor. Point being, I think that an attorney might be able to demonstrate that the builder or their representatives had knowledge of this and didn't disclose it.
So I think I would start with a real estate attorney and talk to them about pursuing the disclosure aspect. You may be able to get a traffic report from your local transportation department estimating the amount and / or frequency of truck traffic, from which you may be able to show that, "Heck, they couldn't have spent more than a half hour (or whatever) on the site without noticing what those rigs were doing to the houses!"
Please keep us posted on this thread as things develop. Thanks.
I don't know how many 18-wheelers go by during the course of a day, but I'm thinking that a construction foreman had to have witnessed - or had reported to them - what you're experiencing as they were completing the homes, and should have reported that to a supervisor. Point being, I think that an attorney might be able to demonstrate that the builder or their representatives had knowledge of this and didn't disclose it.
So I think I would start with a real estate attorney and talk to them about pursuing the disclosure aspect. You may be able to get a traffic report from your local transportation department estimating the amount and / or frequency of truck traffic, from which you may be able to show that, "Heck, they couldn't have spent more than a half hour (or whatever) on the site without noticing what those rigs were doing to the houses!"
Please keep us posted on this thread as things develop. Thanks.
- Caveat Emptor
- Contributions:500
what type of foundation is it? is there noise associated with the shaking(not the roadway in question)? is the earth in your yard, directly adjacent to the truck shaking too, or is the home vibrating? if the whole home is vibrating 'excessively' then you may have a case, but you don't usually see this type of case taken on contingency anyway. *might.
We're having a hard time locating attorneys who specialize in this field. Any advice?
I could give you a list of companies that do 'construction litigation' if you post your zip code or alternately start here and you can narrow your search results by zip code.
*NOT a lawyer*
We're having a hard time locating attorneys who specialize in this field. Any advice?
I could give you a list of companies that do 'construction litigation' if you post your zip code or alternately start here and you can narrow your search results by zip code.
*NOT a lawyer*
- sunnyview
- Contributions:25139
I have a little different take on this. What you are describing is not something that would need to be disclosed unless it is a true structural issue. If you live a house that borders a truck route, the seller does not need to disclose that. It is not a hidden issue, but something that you would need to have done your own due diligence on before you bought.
You can consult with an attorney, but they will not take the case if they do not think that they can win unless you want to pay upfront by the hour. If there are others in your gated community that are concerned by this, then you need to form a neighborhood group where all homeowners pitch in to cover the cost of an attorney and where you all appear before your local traffic, zoning or city counsel to make this issue known.
Short of that, you will have to deal with it or move. It does not sound like a new condition for the neighborhood or one that the seller or builder will be responsible for unless you can prove a true defect. Noise or shaking alone is not a defect.
You can consult with an attorney, but they will not take the case if they do not think that they can win unless you want to pay upfront by the hour. If there are others in your gated community that are concerned by this, then you need to form a neighborhood group where all homeowners pitch in to cover the cost of an attorney and where you all appear before your local traffic, zoning or city counsel to make this issue known.
Short of that, you will have to deal with it or move. It does not sound like a new condition for the neighborhood or one that the seller or builder will be responsible for unless you can prove a true defect. Noise or shaking alone is not a defect.
- Dan, "the_country_hick"
- Contributions:4699
I would contact the attorney who you used to buy the house. Ask them who they would recommend to help you with this problem. They may be up to it or not. They should know who would work best for you in your area.
- wetdawgs
- Contributions:26833
If this is a new road where 18 wheelers will continue to pass by in perpetuity, if I were in your shoes, I would work to get out of the purchase of the house without penalty to you. If that is not possible (and you are unwilling to move), then I'd look for a good structural engineer.
If it is an old road (i.e. existing at the time of purchase), then it will be a tougher issue.
If it is an old road (i.e. existing at the time of purchase), then it will be a tougher issue.
- 2005pud
- Contributions:8
@ Kelly - We were not informed about this major issue prior to closing escrow. We had to find out after we moved in and there was no disclosure about this issue. We have addressed this to the selling office, city engineer office, and the owners of this gated community and no one is doing anything about it. We're having a hard time locating attorneys who specialize in this field. Any advice?
@ Dan, We have been going through google yellow/white pages to find an expertise which we have no luck. Any advice?
And Coleen, just so you know we are really pursuing this legal matter to resolve the shaking not just for us but for all home owners in this particular gated community.
- Kelly Erickson, "Kelly M. Erickson"
- Contributions:32
Assuming you purchased the "rocking" house knowingly and were accurately/honestly informed regarding this issue and still wanted and therefore purchased the home...than I have a recommendation.
In our area, I have clients call when there is a structure in question, a company called Woodford Brother, Inc.. Structural engineers can determine if there is any fault to a structure or any improvement that can be made to make the structure more sound.
I know you were informed the road needed to be paved, and even if that is indeed the truth most homes aren't built to rock..have the house checked out to ensure your investment and to prevent a problem.
Please do not dismiss this just because you had a home inspection. You seem to like your house and I wish you the best in resolving this issue.
In our area, I have clients call when there is a structure in question, a company called Woodford Brother, Inc.. Structural engineers can determine if there is any fault to a structure or any improvement that can be made to make the structure more sound.
I know you were informed the road needed to be paved, and even if that is indeed the truth most homes aren't built to rock..have the house checked out to ensure your investment and to prevent a problem.
Please do not dismiss this just because you had a home inspection. You seem to like your house and I wish you the best in resolving this issue.
- Dan, "the_country_hick"
- Contributions:4699
I would doubt a repaving would stop the shake. To me it sounds like a construction defect. I would get a free initial consultation with a lawyer and ask if you can get the sale reversed. This is definitely not something a new house should exhibit. There is a doctrine of implied merchantability and warranty. That means a product must meet the requirements it was made for. To me the house obviously does not meet that.
I just purchased a brand new home in a gated community and the street behind the homes cause the hou
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