Legal Question in Real Estate Law in Mississippi

Residential Property Question

Hi, I had begun building a home in Jackson County, MS back in 2005. The builder was referred to me by family so we never signed a formal contract but I have enough correspondence from the builder (emails) that show that the house was being built for me. Also, the building permit and the certificate of occupancy were issued in my name and are still in my name. I had verbally agreed to a price point which the builder than backed away from and raised the price by thousands when it came to closing. Also, the insurance became cost prohibitive due to the house being in Katrina area. So I finally decided to not get the house even though I had spent over 2 years building it and working with various contractors. I went back to the builder and asked him to reimburse me for my expenses that I incurred plus some compensation for my time but he is refusing to do that saying that he has spent money to change some of the things I had done such as paint so he can't pay me anything. First he dragged the process for over two years and then increased the price saying that he felt the house was worth more so he could not let me have landfall equity. What are my options? take lien on house? Builder is selling the house now, how to stop him?


Asked on 8/04/07, 1:04 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Residential Property Question

Based on contract law, it looks like you are entitled to the difference between what he sells it for and the amount he agreed to sell it to you. On the other hand if he sells it for less than the amount you agreed to pay, you own him that difference. If contract law does not apply, you may be entitled to compensation for unjust enrichment. Additionally, there is some question about whether the changes to your purchase agreement based on an increased market where within the original intent of the agreement or if they were amendments supported by independent consideration. There may be other questions which are not apparent from your narrative.

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Answered on 8/04/07, 12:02 pm


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