Legal Question in Real Estate Law in Arizona

Break option to buy
We entered into a Lease with option to purchase a home in Surprise. When we looked at the home there was empty land behind the house. We were told it was a Green Belt. This was perfect for us. NO back neighbors! This was our final deciding factor in signing a lease with option to buy. We gave them $8847.00 The option to buy states it is non-refundable and if we decide not to buy the house all monies are considered liquidated damages. HOWEVER even though the Green Belt is NOT in writing it was verbally stated and I have a email (with full headers) from the broker who is the agent who we are in contract with and who made the statement admitting he stated there was a green belt behind the house. I feel it was his job to find out. We asked and he told us (what we wanted to hear, to make his sale) Now he is saying he didn't know they were going to build. Building permits takes a LONG time. Its only been 7 mo since he told us it was a green belt. Based on the misrepresenting the home and its surroundings I would like to break the option to buy without losing my $8847

Asked on 9/26/07, 3:51 pm

Brian Blum Blum Law Office, PLC

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Re: Break option to buy

This is an interesting case. Although, I would need to read the documents before I could give you a meaningful answer. I offer free consultations.

Answered on 9/27/07, 1:26 pm

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