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Help! 2 weeks to closing and a major (?) issue has come up!

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I am a first time home buyer purchasing a two bedroom 1 bath house in NJ for about $150K. I am two weeks from closing and I just received a copy of the survey. It looks like the neighbor has built a semi permanent structure right up to my property line, and in one part has gone 6 inches over into my property (6 inches over for about 10 feet of the sturcture). The structure is a semi permanent "cabana". It also ignores setback rules (I am still finding out how much sturctures need to be set back. The seller admits knowing about this but did not put it in the disclosre. My realtor says this is not a big deal. I have a friend who is in commercial realestate who belives this is a BIG problem and I should try to get out of the transaction. My realtor is also saying I would need an attorney to get out of the deal. Opinions????

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October 15 - Collingswood

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Michael Emery, "MikeEmery"
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Michael Emery, "MikeEmery"

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Stop asking real estate agents and call an attorney who is familiar with property law. Depending on the laws in your state, the homeowner may or may not have ceded that portion of his land to the neighbor because they failed to correct the situation. Unfortunately the laws vary from state to state so only an attorney could answer the question for you. It's a straightforward question to someone who is a lawyer (and real estate agent's shouldn't be practicing law).

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October 15

frisky1
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Well if your contract is subject to a satisfactory survey then you should have no problem getting out of the deal. You can also contact the bank to see if that would be a deal breaker in financing the loan. There really should be no reason why you couldn't get out of the deal for this as its a material issue that affects the property. Make a big stink. Even if it doesn't bother you too much, it does set a precedent that the neighbor has rights to your land. it also might be a sign regarding how considerate these neighbors are. and don't buy property in New Jersey without a lawyer. A lawyer can get you out of almost anything and people in NJ love to sue. good luck

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October 15

sunnyview
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sunnyview

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Do not listen to your agent on this one. I think it IS a problem and may be a problem when you go to sell later on. Lot line issues can make neighbors very pissy/hard to live with and can mean multiple surveys and real live lawsuits to get your legal property back. Please consult a RE attorney ASAP and ask them what your options are both for the encroachment as well as for termination of the contract if that's what you want. Many contracts have points that you can walk away without penalty like during the inspection period or financing period. PLEASE call an attorney today.

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October 15

Kim Thomas, "KimThomasHomes.com"
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Kim Thomas, "KimThomasHomes.com"

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I'm am an agent and I say that your agent is doing you a huge disservice on this one! This IS a BIG deal. You need to know how long this has been in effect (if 20+ years then it can be considered the neighbor's property!) and the fact that the seller didn't disclose it is a concern. Should make you wonder what else they failed to disclose. Get an attorney ASAP!! A good attorney will get you out of this contract if that's what you want.

Good luck!

Kim

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October 15

Taylor72
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Taylor72

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Thank you for all of the advice. I do think it is a major issue, but feel like I am being pressured to just ignore it. The realtor is telling me that it is no big deal and common in NJ.

Here is where is why I am pressured:

1) I am a first time home buyer and I will need to make a purchase by the end of November.

2)The sellers realestate company has my $5K deposit, even if I found a new house and settled by the end of November, I am betting that I will not be able to get my deposit back in time.

3) I'm not sure I can afford to start spending thousands of dollars on an attorney!!!

4) I withdrew the money from my 401K for the downpayment

I am baffled that the owner simply didn't disclose this and now I am backed into a corner, it's like I am being forced to purchase this property now and the seller got away with a fast one. ...Also, the seller admitted to my real estate agent yesterday that he knew.

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October 16

frisky1
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I;m in North Jersey and using RE attorneys is extremely common up here. It must be different in South Jersey--more like PA where they don't use them, I guess.

First read your contract for what it says about surveys. In a typical North Jersey contract there is something like: Property Lines and Conditions: It is understood and agreed that the buildings, driveways, etc are within the boundary lines of the property to be sold by the seller and that there are no encroachments whatsoever. A clause like that in your contract should be a clear way out.

A real estate atty on the purchase of a home in NJ should only cost about 800-1000 and that should cover everything. It would only go up if you actually had to go to court. You should call one or two today, explain the situation and find out how much the atty would cost to make sure the deal could be killed quickly and easily. it might just be a couple of hundred at most.

If the deal is killed, the real estate agency, and NJ agents can chime in here, must get your money back ASAP. they are not allowed to hold money. and that is one of the big ways the real estate commission goes after RE agencies here.

Remember also that the seller wants to close before November too. because if the tax refund goes away, their house automatically drops in value by 8k or more. So you are in the drivers seat IF you can get out of the deal.Your agent is right that in NJ, people over the years build on each others properties but now things are so strict that its virtually impossible and if you try it, your neighbors will snitch. A fence is one thing but what happens if the neighbors' structure falls on someone and they are standing on your property. And I believe adverse possession is 20 years here so if it was built before that, they may have claim to your land. If it was built after the zoning laws were enacted then the town needs to know ASAP.

Now here's why you are stupid (and I don't mean this as an insult). Buying now is a terrible idea in NJ esp in the first time buyer price range--under 300k. so many buyers are out there bidding up homes. If you check www.njrereport.com and look at the comments you will see many instances of people losing out on houses because of other buyers. prices are rising higher than the 8k refund. you would be better off waiting until there is no incentive. Although Collingswood is a great town! Good luck and call an attorney NOW!

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October 16

sunnyview
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I understand how you must feel. Please do yourself the favor if you still plan to close of getting as much of this information about the encroachment in writing from your agent now. Play it casual, explain in an email what delaying closing will cost you. Ask her if the owner knew about it before now and didn't tell you and why she thinks the owner lied to you about the lot line problem if it's not a big deal. Tell her that you want to know how long the cabana has been there and when it was built. Severely limit any conversation on the phone and email back and forth for a bit instead. Have your agent lay out whether you can back out and get all your money back without jepordizing your buyers credit (she will say no).

Getting this info in writing now can protect you later if you decide to ask the neighbor to move the structure back from the lot line and it can also mean that you may be able to sue the owner after close of escrow for nondisclosure. I wish you would pay for a $200 attorney consult before you close, but I understand your position. Do what you can to cover yourself and be a hard a** doing what you can to keep the key communications in emails. It is the best chance you have of resolving the problem later if you still want to close on this house now.

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October 16

Kim Thomas, "KimThomasHomes.com"
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Kim Thomas, "KimThomasHomes.com"

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Taylor,
Look up attorney Ronald Block in Barrington, (i think). It will not cost you "thousands of dollars" and tell him your story and that you met me online and that I told you to call. I can't give his # here b/c Zillow doesn't allow that. You do need an atty; it will NOT cost a ton of money and this is not something you may be able to sue on after you close because guess what -while the seller didn't disclose earlier -you do now know about the encroachment and if you close it's no longer a non-disclosed issue. This will give you grounds to get your deposit back and an atty can handle that for you if you choose not to o forward with the sale. But only an NJ attorney is going to be able to review the contract and the survey and advise you as to how you should best proceed. This is serious -DO NOT CLOSE ON THIS HOME WITHOUT CONSULTING AN ATTY. Any Realtor who doesn't strongly advise you to now get an attorney, is looking out for their own interests and not yours, and that's not part of the Realtor Code of Ethics. We must always place the client's needs before our own.

Stop wasting precious time and Call an attorney now!

Kim Thomas

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October 16

DebtsNMesses
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It should be easy to get out of the contract since the owners didn't put it on the disclosure and knew about it.

I would also get out of it, because there's nothing worse than arguing with neighbors. To have an arguement ready before even moving in... OMG. lol

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October 16

workabee
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workabee

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Your realtor is counting their commission and they stopped representing you as soon as they told you it was no big deal. Consult an attorney. Think about it. Even the realtors on here say you need an attorney so it must be pretty bad.

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October 16

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Help! 2 weeks to closing and a major (?) issue has come up!

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