Answers (6)
- Kim Novak, "kimnovakremax"
- Contributions:22
I would review your Title Insurance Policy to see if you have a insurable claim and for goodness sakes, invest in talking with an attorney!
- Dan, "the_country_hick"
- Contributions:4827
It would appear to me that the seller purposefully did not disclose these facts. The agent being the seller also did not do their duty to disclose these facts.
I would contact a lawyer who specializes in real estate law and talk to them. i would also contact the broker of the office that agent was in when you bought the property. You may find that you can collect damages from the agent and their E&O insurance.
Look at the link below. It was a relatively new lawsuit that should help you.
Holmes v. Summer: dilatory disclosures and the damage done
"Holmes v. Summer is a precise example of how the culture of seller dominance and the attendant and deliberate dilatory disclosures have gone awry, rendering the previously acceptable "standard operating procedure" virtually criminal. Certainly the willful withholding of facts, which are necessary for the buyer to determine a fair price and that the property is suitable to be purchased, is reprehensible conduct deserving of suspension or revocation of a license for dishonest conduct."
"Holmes mandates that all disclosures of material fact about the property, known to either the seller or the listing agent, which might influence any of the buyer's decisions about purchasing the property must be made to the buyer by the listing agent prior to acceptance of an offer, not after an offer is accepted"
I would contact a lawyer who specializes in real estate law and talk to them. i would also contact the broker of the office that agent was in when you bought the property. You may find that you can collect damages from the agent and their E&O insurance.
Look at the link below. It was a relatively new lawsuit that should help you.
Holmes v. Summer: dilatory disclosures and the damage done
"Holmes v. Summer is a precise example of how the culture of seller dominance and the attendant and deliberate dilatory disclosures have gone awry, rendering the previously acceptable "standard operating procedure" virtually criminal. Certainly the willful withholding of facts, which are necessary for the buyer to determine a fair price and that the property is suitable to be purchased, is reprehensible conduct deserving of suspension or revocation of a license for dishonest conduct."
"Holmes mandates that all disclosures of material fact about the property, known to either the seller or the listing agent, which might influence any of the buyer's decisions about purchasing the property must be made to the buyer by the listing agent prior to acceptance of an offer, not after an offer is accepted"
- wetdawgs
- Contributions:40700
This is the sort of issue you should review with a lawyer.
Is the easement across the land of the seller? is the easement recorded in the legal documents, or only advertising (listing) description? Usually listings have a comment about representing the property to the best of their knowledge but the buyer should investigate everything (i.e. we aren't responsible for what we write type statement)
.
Is the easement across the land of the seller? is the easement recorded in the legal documents, or only advertising (listing) description? Usually listings have a comment about representing the property to the best of their knowledge but the buyer should investigate everything (i.e. we aren't responsible for what we write type statement)
.
- PINKY5150
- Contributions:2
the seller was the agent and their is proof in writing about the listing.
this is vacant land that i intended to build on, found out about listing problem when i tried to get a deed,did get a deed but didnt realize that the esaement was null and void
this is vacant land that i intended to build on, found out about listing problem when i tried to get a deed,did get a deed but didnt realize that the esaement was null and void
- Tim Moore, "Kitty_Hawk_NC"
- Contributions:234
I am assuming the statements were made in the listing but it would be argued that you had time to investigate the property and the easement before you closed on the property. The seller might not have even know there was an easement represented in the listing so you would have to prove they knew it and misrepresented that. You might want to speak to a lawyer to see what they say.
- Ryan Kirt, "Ryan Kirt"
- Contributions:7
Who made the representation to you? Can you prove on paper that the representation was made?
false statement when listed
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