Legal Question in Real Estate Law in Georgia

Signed a contract on a house that was unbuildable

I purchased a house and selected a lot to have it built on in a sub-division. After signing all relevant papers, the contract, and the loan application the builders tell me I have to choose another lot or choose another house. I purchased a ranch and they only want a Two Story house on the lot I chose. I would love a Two-Story house but cannot afford it. I chose this lot because it was an acre lot. What recourse do I have?


Asked on 3/07/00, 4:22 pm

2 Answers from Attorneys

Hugh Wood Wood & Meredith

Re: Signed a contract on a house that was unbuildable

Sounds a little like "bait and switch" to me; however, we do not have enough facts to know. It may be that the subdivision regulations are driving the issue. As a matter of law, the issues are governed by the contract (K) you signed with the builder and any applicable rules, regulations, covenants, zoning ordinances, statutes, etc., that forciably overlay the K. Read your K carefully; then read the subdivision regulations carefully. If you come to the definite and firm opinion -- after reading them -- that you have a legal right to build the house you purchased for your lot -- then you probably are being taken advantage of by your builder.

Why don't you ask your builder to state the LEGAL reason why you have to choose another lot or another house design. If he is correct, the answer will be simple. If he is blowing smoke, the answer and reason will be vague.

Unless you want to enforce the terms of the K you signed, the question you posed is not completely controlled by law. Hope this helps.

Any answer we give is subject to the terms stated on our Web site: http://www.woodandmeredith.com

Hugh Wood

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Answered on 3/20/00, 10:48 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Signed a contract on a house that was unbuildable

The previous poster is correct. To put it another way, the builder either DOES or he DOES NOT have legal grounds for not complying with your contract. I would cut to the chase and get a lawyer. Your lawyer can easily get in touch with the builder's lawyer and the answer to this question should be reachable in a very short time.

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Answered on 3/27/00, 11:03 pm


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