Legal Question in Real Estate Law in Missouri
I recently bought a house with 38 acres and recently had the land surveyed and found out that there was only 33 acres is there something that i can do to get the money for the 5 acres that were said to be there but are not ?(the 38 acres were in the contract some people say that it would say more or less but in that case what is concidered more or less $10,000 dollars worth of land does not seem like it should just go with nothing done. please help
2 Answers from Attorneys
Did the purchase contract give you the opportunity to have a survey prior to closing? If so, and if you chose not to, it could be a tough case. However, you may want to look at the county tax records to see how many acres are reported. YOu may be able to take the position the sellers knew of the shortage and intentionally misled you into the purchase of 38 acres. Is the price per acre separately stated or is it a lump sum purchase? These cases are difficult and depend in large part on the language in the contract. With $10,000 at stake it is real money, however, litigation of such a dispute could easily exceed $10,000. Good luck.
I agree with the response from Keenan Post. Also, I would suggest to you, that legal expenses my make pursuing legal action less thatn practical. Litigation of this nature may easily cost several thousands of dollars in attorney's fees.
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