What is my recourse against my builder for misreprenting a visitor’s parking area?

UPDATED: Nov 9, 2011

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What is my recourse against my builder for misreprenting a visitor’s parking area?

I purchased a townhome off a builder. The map provided to me by them shows a visitor’s parking area. I was told by the sales manager that there would always be a visitors parking area but now the developer states it was never supposed to be and they are building on it. Do I have any legal recourse against the builder or the developer?

Asked on November 9, 2011 under Real Estate Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The key issue concerning your question is whether or not you have been damaged in a set amount in your purchase of a townhome where you thought that there was going to be a visitor's parking area but there will not be one.

From what you have written, the presence or absence of the visitor's parking area would have little if no impact upon the value that you paid for the townhouse based upon my experience. As such, you would have no actual damages to complain about as to what you paid for your property.

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