Legal Question in Real Estate Law in Pennsylvania

Verbal Guidelines Stated by the Sales Representative of the Builder

We bought a house and were told that there would be no home of the same model and elevation built next to us. We already closed on the house and the day after we closed, it was confirmed that the shell of the house being built next to us is the same model and elevation home as ours. We were never asked permission to build the same house and elevation next to ours, they just went ahead and did it. We have a petition from the other neighbors in the development stating that they were told the same thing to prove in the court of law that the builder misrepresented themselves. Do we have a case against a broken agreement that was not written in black and white?


Asked on 11/10/04, 2:53 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Verbal Guidelines Stated by the Sales Representative of the Builder

I suggest you go on record in writing to the builder objecting to the modification of the oral representation. You may have a cause of action. I suggest you consult with an attorney. Your damages might be difficult to assess. I suggest the legal remedy may be to seek an injunction to prevent the builder from building the home as planned. Gerald Hershenson 215-579-9390

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Answered on 11/10/04, 5:01 pm
Michael Carroll Michael D. Carroll, L.L.C.

Re: Verbal Guidelines Stated by the Sales Representative of the Builder

It is more difficult to prove a verbal agreement. It would help if something was in writing or there were witnesses to the representation. You should send a certified letter objecting to the plans. It would also help to consult an attorney.

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Answered on 11/10/04, 6:41 pm


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