Legal Question in Wills and Trusts in Kentucky
Real Estate
A land sell contract was drawn up and signed byt the seller and the buyer. Land was said to be sold by the boundary and not acreage. All parties agreed and signed. The buyer now is complaining after land was surveyed, that land is less than an acre and a half, and has said I will have to gove back the down payment. If all parties originally agreed and knew that the land was to be sold as it exists within the boundary and not bt acreage, am I in fault in the agreement? Isn't the buyer at fault when he knew the stipulations and two eye witnesses who showed him the boundary of the said land?
1 Answer from Attorneys
Re: Real Estate
The express language of the contract prevails until a deed is delivered. Then, the deed prevails. However, if the acreage was fraudulently misrepresented and it was a really big difference, then there could be reason to change the terms of the contract. If the acreage was pretty close and quoted in good faith, then the buyer is just out of luck.
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