Legal Question in Real Estate Law in New Hampshire
Our new home community is becoming cookie cutter like
We bought a house last Aug. in a new home community. Our lot was very weird and we ended up getting the house they already built on it - "a one of a kind". Our house was not an option of the 6 or so designs for this community. We were told the builder has only built one other in a different town for a friend. We imediately fell in love with our house and liked the idea nobody on the street would have the same house. Here we 6 months later and the lot next door was sold and the builder is building the same exact house as ours. We called the builder to express our concern and he refuses to talk with us. We also called the real estate people who said he understands and will get back to us (NOT!). We do understand that the land is the new owners and they can do what they want, but we would not have bought the house had we knew this would happen. We looked at other new home communities and we didn't buy in those communities because they were cookie cutter communities. All along our street, there is not one home next to one another that looks the same. Supprisenly enough, None of the homes look a like. What do we do now,(it's not like we can sell the house, we do love it). Does this bring down our value?
1 Answer from Attorneys
Cookie Cutter Houses on Lots Next to One Another
For an exact legal answerm consult with a NH lawyer.
In GA you would have difficulty recovering on your claim. Read your closing documents, I bet they do not say one word about your house being unique or one of a kind. There is probably a merger clause which mergers all prior oral representations into the final written documents. If so, you are going to have to overcome the merger clause as a matter of law.
You are basically left with a fraud in the inducement claim or sometype of oral promise. The value of your house will be reduced somewhat, but yours is a hard case to win on for the lawyer. We would not take your case unless you paid a retainer, plus hours. That is probably going to not be cost effective for you.
Talk to a local attorney. Good luck
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