Legal Question in Real Estate Law in Maine

Real Estate

We bought some land and the Realtor advertised it as having Deeded Access to the beach. Now 3 years later we find out we don't have access. We still have his original add. Do we have any rights to some sort of refund because we didn't get what he advertised?


Asked on 10/03/07, 4:13 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Real Estate

The reason why there is a contingency in a real estate purchase and sale contract is to allow the buyer to do their own diligence. Some hidden matters cannot be found with diligence and once discovered after a sale would give a buyer a legal cause of action against the seller. Title issues, such as access to the shore, may or may not qualify as something the buyer should/could have discovered on their own before the Closing. Is there any reference in your deed to shore access?, is there a neighborhood association? did you get owner's title insurance at the Closing? Additional follow up to develop the facts would be needed for more legal analysis.

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Answered on 10/09/07, 10:01 am


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