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Not Quite Forever Wild |
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Dear Edith: Last year we bought a house. The feature sheet and the multiple-listing information both said there was a 100-foot "forever wild" strip behind the house. The selling agent also emphasized this point. We bought the house primarily because of this.
The owner behind us says he doesn't know any reason why he can't build there. We checked with the town hall and they don't know why anyone said forever wild and there are building restrictions.The real estate agency says they relied on what the seller told them. We are stunned, feel we have been lied to. It's true there are disclaimers on the information sheet and in the multiple-listing but we relied on the ads and the agent even remembers telling us never to worry about development behind us. What can we do and do we have any legal recourse? --Concerned, please don't use our town. |
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By all means take the matter to an attorney. Those disclaimers at the bottom of the information sheet aren't the last word on the matter. Lawyers say the disclaimer doesn't always relieve agent or seller of liability, and in any event the printed disclaimer doesn't cover oral repetition of misinformation. Your attorney will know if there are any steps you can or should take. Be prepared, though: it’s my experience that a lawyer usually starts by asking “What are your damages?” and “What are you seeking?”Do you want to cancel the sale? Get a rebate on some of your purchase price? Or just make trouble for the seller? |
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Edith
Originally published on January 6, 2006 |
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