Legal Question in Real Estate Law in Massachusetts
Realtor failure to disclose proper property lines
I purchased a piece of property where realtor and owner did not disclose property line boundaries. Realtor when asked, disclosed wrong boundary line.Consequently, I am being threatened with a suit by abutter because driveway, garage are partially on his property. Realtor and former owner were both apprised by abutter of problem prior to house sale to me. If I file a suit against the realtor and former owner,, is this winnable and if so, are there any cited cases on file which illustrate that I can win and on what grounds? Thank you.
1 Answer from Attorneys
Re: Realtor failure to disclose proper property lines
The realtor and owner are duty bound not to misrepresent the facts. Realtors must reveal anything likely to influence the decision of an ordinary consumer.
Who represented you in the closing? If you did not have a lawyer then, I urge you to get one now. Get a survey professionally done to determine the true state of title. Did you get title insurance?
This might sound obvious, but you can't build on land you don't own. If your garage and drive are on the neighbors' land, you can buy an easement, buy the land or find out about adverse possession but you have a problem.
All claims have time limits. Get yourself a lawyer.
Charles W. Cobb
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