Legal Question in Real Estate Law in Texas

lied to about railroad behind new home

We asked, and were told before we purchased our home in Texas that the rail tracks were owned by a stone company and ran loads (2-3 car once or twice every other week.

After we moved in, we found the train was running several times during the day and through the night, disrupting my family's sleep.

This is a National builder, we were told we were being too sensitive about the train, that no one else complained. This is not the issue with us. We were lied to and we want the company to buy back the home from us.

We never would have bought the home if we had been told the truth about the railroaPlease,please,please, let me know what I can do, if anything. I am desperate and tired.


Asked on 11/02/07, 3:19 pm

1 Answer from Attorneys

Re: lied to about railroad behind new home

If there is a latent defect that the owner/builder knew of, and hid from you, then you may have a cause of action against them for deceptive trade practices. However, railroad tracks are fairly obvious, and the Texas legislature made it very difficult to sue homebuilders in this state. You may be able to do it, but you will have an uphill battle.

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Answered on 11/04/07, 10:34 am


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