The Co-Op Said the Apartment Was Quiet. But My Neighbors Are So Loud!

Real Estate attorney Stuart Saft was quoted in The New York Times' "Ask Real Estate" feature reviewing New York's disclosure laws regarding co-ops. The piece presented a question from a reader who purchased a co-op and was assured that the unit was quiet, only to discover the neighbors upstairs were particularly noisy – and other residents had filed complaints against them previously. Practitioners interviewed explained the new owner has few options for legal recourse, given that co-op boards generally do not have a duty to disclose problems such as noise complaints unless specifically asked. Mr. Saft, who leads the firm's New York Real Estate Practice Group, added that boards are also protected by the business judgment rule and posited that even with a favorable fact pattern, pursuing a case like this one might not be worth the cost.

"How many years of litigation would result, and what would the ultimate recovery be even if successful?" he asked.

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