Legal Question in Real Estate Law in Tennessee
Realtor needs to switch lot after original purchase
My spouse and I purchased a lot in December 2004. Several months later the real estate agent called to tell us that the lot we originally purchased was previously purchased by another couple. This was discovered when he went to file papers. He said another real estate agency sold the property and he was not informed. He said that he would find another lot for us and he was sure we would be pleased. In December 2005 we went to look at the ''new'' lot and were not pleased with it. We sent a letter to the real estate agent and let him know that we were not pleased with the switch and wanted our deposit back. We have also called the agent but to date we have had no repsonse. Is there anything that can be done about this?
2 Answers from Attorneys
Re: Realtor needs to switch lot after original purchase
I can understand why the agent doesn't want to talk to you. He's in big legal trouble. Real Estate is one of the few things that when its the subject matter of the of a contract you can demand specific performance as land is considered unique.
The agent before taking you money from the escrow account should have conduct "due diligence" which would have included seeing that the "seller" had good title. Looks like they didn't.
You need to contact a good real estate lawyer in the area. You may also want to contact the Attorney General in TN, I suspect one or more laws were broken.
{John}
Re: Realtor needs to switch lot after original purchase
Retain an attorney and have them draft a letter to the Realtor. This should take care of the matter, if it fails to do so, you can immediately bring suit against the company.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, P.C.
412.731.0865 (Office)
www.Alleghenyattorneys.com
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