I purcahsed a lot in a resort community. Developer has not performed as stated. Can I sue for breach of contract?

UPDATED: Jun 1, 2009

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I purcahsed a lot in a resort community. Developer has not performed as stated. Can I sue for breach of contract?

The developer has not implemented the aminities to the property. It has not provided water and power to the lots, or completed the roads after a 3 year period. Financing was provided by the developer’s in house compnay. If I stop payment how will this effect my credit. The lot is worthless without the developer building the resort style facilities.

Asked on June 1, 2009 under Real Estate Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It depends.  What does your contract state? Does it state time is of the essence? Does it state construction and everything will be done by a certain timeframe? Does it say reasonable time frame?

Sounds like you definitely should at least consult with a real estate construction plaintiff attorney.  Try www.attorneypages.com and check his or her record at the Texas State Bar.

You may also wish to file an administrative complaint through your state's attorney general's office.

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.

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