Legal Question in Real Estate Law in Georgia
Can I be forced to buy property after the sales agreement was signed even if the seller committed fraud prior to signing?
In Georgia I entered into a purchase agreement to buy property "as is" with two weeks to find any faults to back out of the purchase, The property came with dock rights that were granted with the Army Corps of Engineers. The contract also stated that any verbal discussion could not be counted towards enforcement of the contract. Before signing the purchase agreement I asked the owner about dock and she said there were none and nothing was listed on the sellers property disclosure form so I believed her that everything was fine.
Four weeks after the signing the contract the property owner's neighbor came to me and told me that the dock was not set up in accordance with Army Corps of Engineers standards and was set up in an environmentally protected area where the water level was better for my boat. After checking with the Engineers I found that she was out of bounds with her dock and she had been sited for it in the past, meaning that she knew of it at the time the contract was signed and did not disclose it. She also marked the path to the wrong dock site making me believe that the dock was in the right place. If I had seen where the dock was supposed to be I would not have entered into the contract.
After I found this out I told her I wanted out of the contract and why. Her first step was to move the dock to it's approved position and then file a law suit against me for failure to comply with the purchase agreement to force me to buy the property,
I feel that she committed a deliberate act of fraud to induce me to buy the property knowing that there was issues with the dock. I don't want to buy this property if I had known the issues about the dock I would not have signed the purchase agreement. I have witness to her marking the path, I have copies of some the Engineers paperwork were she had be warned by them about the dock�s placement. Do have any rights or do I have to take the property now?
1 Answer from Attorneys
Youi've been sued. You now need a lawyer and it will be far more expensive than if you had used one beforehand, as a lawyer would have heard your concerns and added contingencies to the contract. So in saving $100 or $200 you may spend thousands, and, depending on what you signed, may have to proceed with the purchase. See a lawyer TODAY. If you have been sued, you have 30 days to answer and counterclaim. This is not a pro se project.
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