Legal Question in Real Estate Law in Indiana
Builder sold me a new home with no means of hooking up cable or phone service.
We bought a newly constructed home. The builder provided a sheet with all the amenties which included simple things like Cable service and Phone service. We even called these utility companies to make sure they served this area and they said -yes. Now we can not get either service because there are no lines ran to this new development. Phone and cable companys say it may be months before they provide service to this area. Although people within 1/2 mile of either side of the new development have these services. How is the builder liable? What can we do as a recourse?
Please help!
Living in B.F.E.!!!!
1 Answer from Attorneys
Re: Builder sold me a new home with no means of hooking up cable or phone servic
If there were covenants with your subdivision, those might give the developer/builder an excuse for not having these "basic" services available at the time you were to move in - for various reasons such as not enough homes were then sold. The theory I would use to hold the builder liable is that his spec sheet and sales puffery that he used to entice you into the purchase obviously already apportioned the costs of supplying such services to you and that he therefore needs to perform on his contract to supply services. Alternatively, you could sue for mistake and rescission (recovery of your costs of living there) or even that he overcharged you because of the mistake in the services available, the property is not worth what you paid for it.
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