Legal Question in Real Estate Law in New York
Lying about the size of property you are selling
After being given a survey(that conveniently had no acrage on it)
and seeing both the ''official'' MLS that only realtors have access to
I found out that the amont of land I was about to purchase was half
the size they listed it to be. I doubled checked with the town
records and with the company that did the survey and the owner
had added on land that didn't exsist. When this was brought to the
seller's and the seller's agent's attention they told me that since I
''saw the property in person'' they didn't misrepresent it. They
refused to negotiate the price further and ended the deal. I want to
know if I can recover the money I spent on an inspection since they
were fraudulant in their representation of the property and then
pulled out of the deal.
3 Answers from Attorneys
Re: Lying about the size of property you are selling
Depends how the property was described in the Contract of Sale. If the lot size was not mentioned, you may have a difficult time. I would consider reporting the listing broker to his firm and any organizations he may belong to.
Re: Lying about the size of property you are selling
Nope
Re: Lying about the size of property you are selling
Not unless you made provision for it in your contract of sale.
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