Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default Seller Disclosure Did Not Mention Noise from National Guard Helicopters

    My question involves real estate located in the State of: Arizona

    I moved from Seattle, WA to Scottsdale, AZ.
    I bought the house in sept 2013 and moved in 2 weeks ago (end of Nov 2013).
    We have had National Guard helicopters (very noisy) flying over our house between 20-30 times daily. Almost every day.
    This is making me go crazy and they are very noisy.
    Seller never disclosed this information.
    Apparently we are under their flight path.

    Is there any recourse or option for situation like this?
    I did not know about this National Guard base until after we moved into the house.
    It is about 5 miles from the house.

    Thank you for any guidance,
    Norm

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Seller Disclosure Did Not Mention Noise from Helicopters (National Guard Base)

    Quote Quoting ns444
    View Post
    My question involves real estate located in the State of: Arizona

    I moved from Seattle, WA to Scottsdale, AZ.
    I bought the house in sept 2013 and moved in 2 weeks ago (end of Nov 2013).
    We have had National Guard helicopters (very noisy) flying over our house between 20-30 times daily. Almost every day.
    This is making me go crazy and they are very noisy.
    Seller never disclosed this information.
    Apparently we are under their flight path.

    Is there any recourse or option for situation like this?
    I did not know about this National Guard base until after we moved into the house.
    It is about 5 miles from the house.

    Thank you for any guidance,
    Norm
    Look to 15, 16, 17 and 18 of the required disclosure. (Not the actual one, but an example. http://www.azleg.gov/legtext/48leg/2r/bills/SB1387p.htm ) Then, go to the Arizona Department or Real Estate and see if your property is on the maps provided. If you were on the maps and it was not disclosed, then there may be a problem. (http://www.re.state.az.us/airportmap...yairports.aspx)

  3. #3
    Join Date
    Mar 2013
    Posts
    18,030

    Default Re: Seller Disclosure Did Not Mention Noise from Helicopters (National Guard Base)

    http://www.azleg.gov/legtext/48leg/2r/bills/SB1387p.htm

    Is a link to a senate bill proposed in 2008.

    I suggest looking up the actual statutes to see if what was passed is the same or different wording:

    http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp

  4. #4
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Seller Disclosure Did Not Mention Noise from Helicopters (National Guard Base)

    Quote Quoting adjusterjack
    View Post
    http://www.azleg.gov/legtext/48leg/2r/bills/SB1387p.htm

    Is a link to a senate bill proposed in 2008.

    I suggest looking up the actual statutes to see if what was passed is the same or different wording:

    http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp
    I agree with this completely although I believe the bill was to change the electronic issue at the bases and not the other military issues.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Seller Disclosure Did Not Mention Noise from National Guard Helicopters

    Quote Quoting ns444
    View Post
    My question involves real estate located in the State of: Arizona

    I moved from Seattle, WA to Scottsdale, AZ.
    I bought the house in sept 2013 and moved in 2 weeks ago (end of Nov 2013).
    We have had National Guard helicopters (very noisy) flying over our house between 20-30 times daily. Almost every day.
    This is making me go crazy and they are very noisy.
    Seller never disclosed this information.
    Apparently we are under their flight path.

    Is there any recourse or option for situation like this?
    I did not know about this National Guard base until after we moved into the house.
    It is about 5 miles from the house.

    Thank you for any guidance,
    Norm

    so, 20-30 times a day. That means around once every hour.

    You never heard them while you were viewing the house? You never noticed it when you visited the neighborhood to check it the neighborhood to see if there were any problems with the neighborhood, like helicopters flying overhead or anything like that?

    but even though you failed to perform your due diligence, if the disclosure was inaccurate, it gives you a basis to seek some sort of recompense possibly up to rescinding the sale IF in fact the seller was required to provide a disclosure.

    So, with that; was this a private seller that resided in the property? A flipper? An REO? something else?

  6. #6
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Seller Disclosure Did Not Mention Noise from National Guard Helicopters

    Quote Quoting jk
    View Post
    So, with that; was this a private seller that resided in the property? A flipper? An REO? something else?
    This is a good point. Did you buy from a seller who did not give a warranty deed? Perhaps from a fiduciary or someone else who did not represent he had personal knowledge of the property?

    1. Sponsored Links
       

Similar Threads

  1. Entering Service: Just Enlisted in the National Guard - How Do I Get Out
    By steedah in forum Military Law
    Replies: 3
    Last Post: 08-30-2011, 12:11 AM
  2. Military Law Issues: Air National Guard Activation
    By Rikluz in forum Military Law
    Replies: 4
    Last Post: 05-13-2011, 06:25 AM
  3. Military Justice: AWOL from National Guard
    By lilyclare in forum Military Law
    Replies: 3
    Last Post: 07-23-2009, 04:22 PM
  4. Discharge From Service: How Do You Get Out of the National Guard
    By dirty turkey in forum Military Law
    Replies: 2
    Last Post: 03-01-2009, 06:52 PM
  5. Broker did not mention he was the seller
    By onzy1331 in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 01-27-2007, 12:53 PM
 
 
Sponsored Links

Legal Help, Information and Resources