Legal Question in Real Estate Law in California

sold 5 ac parcel,,,now buyer claims its only 3.8 ??

hi...sold a 5 ac. parcel 3 years ago,,,buyer wants to now,,,out of the clear blue,,,build 2 homes on it !

there is a 2.5 min lot size re; zoning.

i had a realtor sell it.

he claims he had it recently surveyed and it came up 3.8 acs.

now he wants to file a suit !!!

can he get a varience from the city to build 2 homes

the buyer is a P.E. engineer... or a dope, not to have it surveyed first !!

on pg. 6 of the vacant land purchase agreement it clearly states:::prop. is sold in present condition !!

sect. e states ; advises buyer to conduct inspections(surveys)...he never had a survey done !! and waived his right. and engineer is held to a higher standard.

what CASE LAW....DIRECTLY ON POINT DO I HAVE WITH OTHER CASES....? AND RULINGS?

THIS HAS BEEN SOOOOOO,,,,STRESSFUL

THANKS SO MUCH

BEST REGARDS --name removed-- [email protected]


Asked on 8/31/04, 1:58 am

4 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: sold 5 ac parcel,,,now buyer claims its only 3.8 ??

You will need a great defense. You may contact me.

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Answered on 9/01/04, 2:59 am
Larry Rothman Larry Rothman & Associates

Re: sold 5 ac parcel,,,now buyer claims its only 3.8 ??

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.

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Answered on 8/31/04, 10:57 am
Barry Snyder Snyder Law

Re: sold 5 ac parcel,,,now buyer claims its only 3.8 ??

Although you sound confident in your email, I would encourage you not to be. There are problems for you, especially if the acreage is not 5.0 and is just 3.8 acres. Despite the indication that the property was sold "as is" and the buyer is an engineer, the property was represented and sold as 5 acres by you and your realtor. It either was or was not 5 acres. The question of you will be - why didn't you have the property surveyed? Hopefully, the buyer will obtain a variance and reduce his potential damages. Keep in mind that you might be covered under your Title Insurance policy if you are sued.

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Answered on 8/31/04, 2:54 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: sold 5 ac parcel,,,now buyer claims its only 3.8 ??

You could have a problem. You probably need to see an attorney.

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Answered on 8/31/04, 4:20 pm


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