Legal Question in Real Estate Law in Pennsylvania

I am a scatter lot builder who bot a lot in a private lane from the developer who is also the owner and started construction of a home. at the foundation stage i sold the home to a doctor. all home plans, colors, mailbox locations, driveways locations and dimensions in this lane were dictated by the developer. the developer lives next door. the developer also was the real estate listing agent. i paid the closing attorney, and both agents full commissions and development fees at the closing on the lot when house was only in foundation stage. when house was completed i hired an asphalt company to meet with the developer to install the asphalt in the doctors driveway and the entire lane (due to trucks damaging lane) and i paid the bill. i was not on site that day. the closing for the bank loan took place at this time and both agents and closing attorney opted to detach my foundation survey from my contract and attach it to the bank loan to use for their closing on the loan and home. the doctor was advised by the bank to obtain his own survey but never did. 5 years go by and doctor wants to sell home as he has moved into a larger home and has argument with developer who is his next door neighbor and calls the developer a cruel name. developer makes statement "now you are going to pay". vindictive developer sends letter next day to doctor stating that his driveway is encroaching onto his land and he wont be able to sell his home because of title defect. developer/neighbor wants paid an horrendous amount of money to sign an easement agreement and or give up title to land. doctor cant list his house for sale. doctor is suing me/builder cuz he bot the home from me and has no relationship with the developer for damages in excess of $400,000 as the lawsuit has progressed two years now. i have made developer added defendant. when the encroachment was discovered, i immediately went to site and told doctor who is my customer that i would cut off the encroachment which would involve about 2 hours and cost of pennies. doctor says he doesnt want it cut off as he thinks it would devalue his house and says it cant be done. i hired an outside engineer to say it could be done and is on the witness list. developer wont give access to me to the property to cut it off as he now says that he wants money no matter who he gets it from. i have a lawyer but am very disheartened as how this has progressed. only one week before trial all lawyers are waiting for me to make a monetary offer which would avoid this going to trial.i was told that i was under a gross misrepresentation and this trial is not about guilt or innocence but damages. i have about $10,000 in legal fees to date and have made one last compromise to either fix the problem or I have made an additional offer of $5,000 to the developer to release the land to the doctor. the only reason i did this is to avoid the stress this is having on my wife and me as I am now retired but my company owns one last home, the one i live in. i have found out that the doctor is now looking into my assets and im afraid that my home will be frozen and it is now on the market for sale. i horrendously found out that at trial it cannot be brought out that i made 3 attempts to correct the problem and all were refused. and, i now find out that i AM going to be made responsible because the not so squeeky clean doctor bot the house from me and therefore i am automatically responsible. seems clear to me that these two neighbors think they are heading for a windfall and they want it from me. my question is: In a society of frivolous lawsuits, if a defendant proposes to correct a defect and the plaintiff refuses, not mitigating his damages, therefore allowing damages to , accrue what criteria would the judge use to determine the amount of damages, especially if the effort to correct and solve the problem is not allowed to be brought up or exposed at trial and why? question #2 how on earth is the builder negligent in this matter. question #3 how can i find out if my property has a freeze on it from being sold


Asked on 12/03/10, 1:19 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Your situation is way too complex for a responsible answer on an internet question forum.

You should consult your own real estate lawyer to sort through this and advise you appropriately.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/08/10, 2:04 pm


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