Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I built a new home in a nice town. It’s a little over an acre. When I inquired about the property lines the real estate broker (who is the builder’s sister, it’s a family owned business) told me that the property lines were marked with pink ribbons on the back, and both sides of the property. I said “are you sure” and she said she was positive. That was how the surveyors marked the property lines. They took almost a year to finish this property. Now that we moved in I asked why they didn’t put the grass to the end of my property, and the brother (builder) informed that it is not mine, but in fact part of another lot. I feel I have been misled and lied to. I hired a surveyor and he corroborated the builder is right and that it is not part of my property. Do I have any recourse? Regardless of if this was intentional or not, I purchased this property based on what the owner’s real estate broker (family member) told me for 18 months. I feel this was fraudulent. I have the pictures of the lot before the home was there showing these markings. By the way, they work in the same real estate office. What should, or can I do? They have taken away a third of my back yard.
Your claim is pretty straightforward: You made a decision, relying on
a false statement. Had you known the true borders of the property, you
might not have bought it, or at least would have paid less. The
question is, what stands in the way of that claim?
The most likeky candidate is your purchase contract. Does it have an
“integration clause,” stating that all the terms are in the writing, and
that you therefore can’t rely on oral statements? How does it define
the land you purchased? Does it specify that you assume the risk if you
don’t get your own survey?
The other question you should always ask before looking into
litigation is how much you were harmed. Is the amount you lost worth
the cost and trouble of a lawsuit?
Ultimately, these are questions you should explore with your
attorney. While it appears you have been misled, the decision whether
or not to sue should not be made lightly.
