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Seller misrepresentation of lot size?

The most attractive features of the home we are buying are the landscaping and the large lot. It turns out that much of that land is a private road that the owner had taken over and landscaped. Essentially he is trying to sell land he doesn't own. Also, we found out we can't get financing as the house was not built within the building restriction lines. This became apparent at the last minute and we are really upset. Is this considered misrepresentation or fraud?
 
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June 18 2013 - Ellicott City
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Hi Partgypsy!  Consult an attorney.
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July 08 2013
...... we are buying .......

Yes, talk to an attorney AND hire a surveyor, if necessary, to make sure what you are buying BEFORE you buy.....
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June 18 2013
I certainly would recommend you discuss this with a good real estate attorney. These sound like serious issues, and I am guessing most on here would suggest these questions are best answered by an attorney.
best wishes, Jim
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June 18 2013
 
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