Legal Question in Real Estate Law in New York

Lying about the size of property you are selling

After being given a survey(that conveniently had no acrage on it)

and seeing both the ''official'' MLS that only realtors have access to

I found out that the amont of land I was about to purchase was half

the size they listed it to be. I doubled checked with the town

records and with the company that did the survey and the owner

had added on land that didn't exsist. When this was brought to the

seller's and the seller's agent's attention they told me that since I

''saw the property in person'' they didn't misrepresent it. They

refused to negotiate the price further and ended the deal. I want to

know if I can recover the money I spent on an inspection since they

were fraudulant in their representation of the property and then

pulled out of the deal.


Asked on 5/19/04, 11:05 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Lying about the size of property you are selling

Depends how the property was described in the Contract of Sale. If the lot size was not mentioned, you may have a difficult time. I would consider reporting the listing broker to his firm and any organizations he may belong to.

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Answered on 5/20/04, 11:21 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Lying about the size of property you are selling

Nope

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Answered on 5/19/04, 11:22 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Lying about the size of property you are selling

Not unless you made provision for it in your contract of sale.

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Answered on 5/20/04, 6:58 am


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