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06-22-2008, 10:15 PM
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8 posts, read 19,746 times
Reputation: 10
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6 months after signing the contract, the builder mentions a 25 feet storm drainage easement which they say they did not know before. Although the contract mentioned about a storm drainage easement, but builder pointed to a different easement at a wrong location when asked and kept saying they did not have any map/survey of the lot. Can the contract be voided?
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06-22-2008, 10:18 PM
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60 posts, read 286,277 times
Reputation: 38
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Quote:
Originally Posted by krishnakali
6 months after signing the contract, the builder mentions a 25 feet storm drainage easement which they say they did not know before. Although the contract mentioned about a storm drainage easement, but builder pointed to a different easement at a wrong location when asked and kept saying they did not have any map/survey of the lot. Can the contract be voided?
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what is a 25 feet storm drainage anyway?? is that the same thing as a "dry creek" in your backyard?? |
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06-22-2008, 10:36 PM
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8 posts, read 19,746 times
Reputation: 10
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Storm drains are installed for flow of storm water. There is an underground channel. There are certain restrictions that need to be maintained. No structure or big trees can be installed. City/HOA will have access there.
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06-22-2008, 10:38 PM
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Location: DFW - Coppell / Las Colinas
40,271 posts, read 46,086,450 times
Reputation: 53029
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Can you change lots to a better location? It would make it harder to sell & may make it impossible to put in pools, gazebos, ect.
You have a legit concern.
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06-22-2008, 11:02 PM
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8 posts, read 19,746 times
Reputation: 10
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We asked for another lot. They simply denied. I think they know very well they will have hard times selling this lot. I just want to get my deposit back and get out of the contract. They are saying it would be a breach of contract.
Weren't they obligated to explain when asked during the contract? If they had forgotten at that time to mention, then they should let the buyer go. They are being nasty now.
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06-22-2008, 11:06 PM
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Location: DFW - Coppell / Las Colinas
40,271 posts, read 46,086,450 times
Reputation: 53029
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You might be wise to seek legal help.
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06-22-2008, 11:19 PM
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8 posts, read 19,746 times
Reputation: 10
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I will need a very good lawyer. Don't know how to find one. Never heard of this type of situation before. What criteria should I looking for in a lawyer? Some real estate lawyers are experts in closing, some in commercial real estate. Spent whole day searching on the net. Still not sure. Heard lawyers are very expansive.
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06-22-2008, 11:22 PM
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69,366 posts, read 61,895,370 times
Reputation: 9382
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Quote:
Originally Posted by krishnakali
I will need a very good lawyer. Don't know how to find one. Never heard of this type of situation before. What criteria should I looking for in a lawyer? Some real estate lawyers are experts in closing, some in commercial real estate. Spent whole day searching on the net. Still not sure. Heard lawyers are very expansive.
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My real estate lawyer is way to expensive $200 an hour, and he's good for 200 billable hours a year from me, but he's dam good.. For this issue, you can probably get a breach of contract, litigation lawyer, not really one that specializes in real estate law. |
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06-22-2008, 11:23 PM
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529 posts, read 2,635,299 times
Reputation: 166
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How much of your money is tied up with this builder?
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06-22-2008, 11:25 PM
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8 posts, read 19,746 times
Reputation: 10
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50k
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