Legal Question in Real Estate Law in New Mexico

Waiting for A house to be built

Three years ago I decided to purchase a house rather then rent an apartment. After looking hard I finally found a townhouse developer that had properties that were according to him ready to develop. I decided to go with him and have my townhouse built. I gave him a check of $500 as earnest money, on the sheet he handed me the completion date for are development was approximately five months later, when that deadline passed he told us that it would be thirty days, and after that the same excuse. This went on for 2 years before I had enough. After confronting him he stated that he could move us to a different area and that that area would be completed in May. At that time I gave him $2000 additionally to break ground. Needless to say that it is now November and all I have is a frame of wood that has changed ever so slightly in the past 5 months, when he is approached the same excuse is given, meanwhile I am still waiting what are my legal options to deal with him consistently breaking verbal torts, and misrepresenting the date of completion?


Asked on 11/28/00, 2:34 am

1 Answer from Attorneys
Robert Turner Turner Law Office

Re: Waiting for A house to be built

I would need more information to deal more fully with your problem; but based on what you have provided, the townhouse developer has breached the contract he made with you. You would need to formally notify him of your intention to rescind the contract, and you may need to take him to court in order to recover the money you have given him.

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Answered on 12/04/00, 6:09 pm


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