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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19021
Experience:  B.A.; M.B.A.; J.D.
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I have a question regarding my current home

Customer Question

I have a question regarding my current home
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
I am from New Jersey and I have a question regarding the home I am currently in with my wife and 2 kids. We bought the house back in November 2014. We live right across a Sanitation Transfer Station (place where they bring garbage in and send them out to landfills). We've had constant garbage odor and flies outside of our house because of this place (worse is spring and summer time). We have contacted them (nothing changes, still smells), we have contacted the police/town (nothing changes, still smells), we have contacted the NJ health dept as well and nothing. As long as they are there, nothing will change in my opinion. The town allows them to be there because the State gave them a license to operate there since the 1960's. The state has replied to me saying they have given them notices of multiple compliance violations. I really could care less if they're breaking rules or not but We really just want to leave this place. We cant sell the house because of our current financial situation. We have accrued a lot of debt putting money into this house and we are barely keeping up with our bills and mortgage every month. We love the town but not the area we moved to. My questions is, is there any possible way to sue the realtors or previous owners for the situation we're in, as far as them not disclosing specifics of how our life was going to be in this house? They knew we had 1 kid at the time. We used all our savings and money for this house. The realtors and owners barely even talked about this Sanitation place when we bought it. We were first time home buyers and we regret buying this house because of them. When we bought it, I was aware of the Sanitation facility and I was expecting some odor but I did not know it was going to be this bad. It is very frustrating. My wife and I have a 3 yr old and 1 yr old and we can barely enjoy a day outside because of the smell. I honestly don't think this area is livable. We have neighbors and I have talked to them but I don't believe they are doing more than just complaining. We pay large amounts of taxes a year. I know we probably can't go after the town or the Sanitation place but any advice would help. Nothing in the mortgage contract involved any mention of possible constant foul odor and flies we were going to be living with. Any advice would help, thanks.
Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am so sorry to read about your difficulties.

Your Question:

My questions is, is there any possible way to sue the realtors or previous owners for the situation we're in, as far as them not disclosing specifics of how our life was going to be in this house? They knew we had 1 kid at the time. We used all our savings and money for this house. The realtors and owners barely even talked about this Sanitation place when we bought it. We were first time home buyers and we regret buying this house because of them. When we bought it, I was aware of the Sanitation facility and I was expecting some odor but I did not know it was going to be this bad. It is very frustrating.

Response: Unfortunately, no. You have no claim against the Seller or the Realtors because you knew that the facility is there when you purchased the property. You had opportunity to drive around the area and do your own due diligence before purchasing the property. You cannot sue the Seller or Realtors now for not telling you how bad the odor would be.

I am sorry that I do not have better news for you.

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