Builder misrepresented easements on lot (feedback, 2013, negotiation, sales)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We signed a contract for a 10 acre lot back in Oct 2013. The house got delayed due to weather. We finally had a pre-drywall meeting last week. When we arrived we found a large drainage easement on our property that the builder never informed us about. It consumes about 20% of the land we contracted to buy. The builder even said they didn't realize it was there because they never looked at the full plat that was available shortly after we signed.
The drainage easement makes our property non-functional for the purpose we wanted and also creates a safety hazard for our kids as its 12 ft wide and about 8 feet deep. It runs the length of our property including about 50 feet behind our yard.
This is a very unique situation. Has anyone ever had this happen? We are heartbroken. We paid a very large premium for the lot. We want to ask for this premium back. Are we in the right? Is this a material breach of contract? Any feedback would be helpful.
We walked the lot with the sales rep. Not every inch and not specifically where the drainage easement was going in but we did ask about any easements and were told there were none.
We walked the lot with the sales rep. Not every inch and not specifically where the drainage easement was going in but we did ask about any easements and were told there were none.
Buyer beware. It's a hard lesson to learn. Next time, if there is one, walk the whole property and check on the easements yourself.
Yes, lawyer. It might not take him too much time on this. But it is significant and quicker to have some legal verbage on a law firm's letterhead.
Yes, misrepresentation. And whatever was premium about your lot...size? view? .... doesn't exist now. The thing sounds like a pond...actually it's probably a passive retention pond. Scummy, would require fencing, bad view and smells at times...can go all yellow or green.
You will, of course, post pictures of the kids on facebook at the new property with the retention pond behind them. And perhaps state simple facts. One time, I said calmly I was prepared to get a permit for a peaceful protest on the sidewalk outside a company and would hold a sign up about what the company had done wrong to me. That was what finally got them to change their tune. However, in your case I'd go the simpler secure route...straight to an attorney.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
