Legal Question in Real Estate Law in Massachusetts
Seller Misrepresentation of Real Estate
I recently purchased a new construction condo located to what was thought to be an empty lot owned by the seller. The seller's agent on numerous occasions told us that the land surrounding the condo building was owned by the seller and he was going to build condos similar to ours next door. She went so far as to describe exactly how the condos would look. After we moved in, we noticed what appeared to be a dump truck company operating noisily at all hours of the day and night right outside our windows. The dump trucks were never there during the entired construction of the condo as I previously lived down the street and was around a lot. Would we be able to sue or take legal action against the seller for blatant misrepresentation. The same story was told to all of the other people who bought condos in the building as well. We just found out that the seller does not own the land at all and it is owned by the dump truck company who was mysteriously not around during the entire year the construction took place. We would not have purchased the condo had we known we would be looking out our windows at dump trucks and woken up in the middle of the night by them.
2 Answers from Attorneys
Re: Seller Misrepresentation of Real Estate
It would appear that not only you, but other owners may be able to sue the seller and his agent.
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Re: Seller Misrepresentation of Real Estate
You may have a case for misrepresentation against the seller's agent, or simple negligence against the real estate agent/agency for failing to conduct due diligence; or maybe a case to have the dump truck compnay cease and desist operations if the area is not properly Zoned for an industrial use.
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