How Buyers Can Avoid Unpleasant Surprises

It's funny how often real estate agents try to use "well, you didn't ask" as a defense. "Oh, you didn't ask about whether the basement floods," a Realtor will say. Or "oh, you didn't ask about the traffic."

But still, there are many real estate agents who will answer questions if you ask them. If you didn't ask, they might forget to tell you, but they won't flat-out lie.

Once you have the information, you're considered warned, however. A judge ruled just last week that a couple who bought a condo above Daniel, a popular Manhattan restaurant that's open till two a.m., knew what they were getting into by buying above a restaurant space.

So don't forget to ask sellers about the following:

1) Critters. Have you ever had a problems with mice, roaches, ants? What's the deer population like, and will they eat the garden? Ever had a termite infestation, and how was it treated?

2) Noise. Is the home in the flight path of any airplanes, can you hear any trains or road traffic? (You could ask if the neighbors have dogs, too, although since that's a situation that can vary, a seller isn't obliged to answer it).

3) Environmental hazards -- any known pollution sites in the area, such as old factories? Is there a buried oil tank in the backyard? Have you ever had any problems with the water?

There are other questions that might be a little site-specific -- such as asking about mudslides if you're in the Hollywood Hills -- but you get the point. Forewarned is forearmed.