Legal Question in Real Estate Law in California
Realestate plot lines
my wife and i recently purchased a home by a large builder in california. the sales rep showed us the lot prior to purchase and stated this entire flat lot is yours. when we signed the multitude of forms in the ''Agreement of sale package'' the ehxibit l-plot plan was never checked off and they never physically review the property lines with us. during the pre drywall walk through we had to also confirm our fencing. i asked the foreman if the back lot stakes were where our property line was, he said yes and this was consisent with sales had told us with the intial sales contract. now 2 weeks before close there is a fence that bisects the middle of our back yard. the builders response is that we signed off on the plot plans and our dispute is that we signed off based on misinformation. the disputed land is actually a home owners association fire way. we were never given a specific disclosure for this. in the end the builder is saying they have no responcibilities because we signed off. there is a abitration clause, but is this something we can win?
3 Answers from Attorneys
Re: Realestate plot lines
As a seller of the home, the builder has a duty to disclose to you anything he should know would affect your decision to buy. As you were misled, you appear to have a cause of action for misrepresentation, fraud, and non-disclosure.
Re: Realestate plot lines
You can win.
You are dealing with the law of contracts, and have defenses available including misrepresentation, mistake, and possibly fraud.
You need to retain an attorney.
Re: Realestate plot lines
In this case, the developer/builder is an expert and you were relying on his/her expertise in explaining what you were buying. You certainly have a case and the issue may become how much evidence you have regarding what the builder told you in contrast to the papers that were put in front of you to sign. I have handled similar cases and you are welcome to call and chat about your case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
