I am under contract for a new home and the builder misrepresented the lot I purchased. Do I have legal standing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I am under contract for a new home and the builder misrepresented the lot I purchased. Do I have legal standing?
I was told i was purchasing a flat rectangular lot at the time I signed the contract in February and put down a 6000 deposit. At my ground breaking end of August, I find out that there is a significant hill 25 feet tall, my property line is 16 feet up the hill, which has reduced the usuable flat backyard to about 19 feet from my back porch. Though the description of the lot was not included in the contract, they have since apologized over email and voicemail for the mistake but are only offering about a $1000 upgrade for this mistake. I am concerned about drainage they say there are swells along the house to push water to the street drains and upset that they have reduced the value of the lot I thought I was purchasing and feel very much like they need to add value back to the house for their mistake. Do I have legitimate grounds?
Asked on September 13, 2018 under Real Estate Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Contract law applies here and generally speaking, you agree to whatever is written in the contract once you sign it. Oral representations - parole evidence - is generally excluded in a suit. However, this could go in many directions. First, there was a misrepresentation and possibly fraud in the inducement to contract and leaving a lot description out of a contract can be material. Why, though, did you not insist on that and did your lawyer miss it? I think that you have a shot here of getting something back and I would be more concerned about the drainage on the property if it slopes back toward the house. Water can do a tremendous amount of damage. Perhaps instead of upgrades you can negotiate them grading the property and installing drainage lines. I would speak with your lawyer. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.