Legal Question in Real Estate Law in Indiana

Disclosure Statement-Hi-Way

We just moved from Ohio to Indiana, in the seller's disclosure statement she answered ''No'' to ''Has any goverment agency contacted you about issues that will affect this property.'' We found out today that a new hi-way will go across the field behind our house. Land that the sellers still own. And that letters were sent out some time ago stating the new road will affect homeowners along our road, including our house. So the seller was fully aware about this issue. Can we sue? Who? And for what?


Asked on 10/26/04, 11:52 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Disclosure Statement-Hi-Way

If the state's proposal for land does not take land away from what you bought, then there might not have been a failure to disclose. In order to sue the seller for misrepresentation, you would need expert testimony (an appraisal) as to how the future use of the land the seller retained affects the value of what you bought. If there is no change in your value based on a new road going through that does not run across the land you bought, then you would not have a very good case to go against the seller. Your suit, if any, would be against the seller for misrepresentation.

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Answered on 10/27/04, 11:59 am


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