Legal Question in Civil Litigation in Utah
My husband and I bought a piece of property off of a man that said it was ready to build on. Well we are ready to build, but found out from the county that that property had been split before and we now have to go through steps to make it a major subdivision before it can even be built on. That includes lots of county meetings, lots of paperwork, and lots of costs. My question is, If we sue him to buy the property back , do we have any chances of winning the case with just the oral agreement that we had with him? And also, what kind of court papers would I file for something like that?
2 Answers from Attorneys
While each case is fact specific, based upon the little information you have provided, it sounds like you are entitled to "rescind" the contract - undo the deal, have the Seller pay you and you give back the property. Unfortunately if the Seller will not agree, it requires a lawsuit.
Such a case is somewhat technical and driven by the facts, I do not know how you could do such a lawsuit without a lawyer. Sorry I can't be of more help.
The chance of success for a suit to rescind the sale will be based on the documents which he signed. You may need an attorney to review those facts. Generally in real estate deals the documents control the outcome.
You will have to decipher the documents, then see if there is a legal basis to rescind the sale. If so, you can then file suit asking the court to rescind the sale and order the defendant to pay you back your money.
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