I recently sold my home in which I had a non permitted tennis court on. I know both my husband and I told the buyer verbally that the court was not permitted, but we did not read what we were signing and we sighned that it was permitted. The buyer is now threatening to sue unless we pay almost 5 times (70,000) what the court was given in an appraised value (15,000) Anybody out there with any suggestions. We have closed escrow 60 days ago, and did not intend to fraud. Thanks
2006-10-02 21:27:46 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Fact of the matter: You represented in writing that the tennis court was permitted. This is going to be very bad in court. On the other hand, you may have grounds to sue your listing broker if they told you to say it was permitted, which is bad all the way around.
Your contracts probably call for mediation first. Read them, and if so, get everyone to the table and see if something can be worked out.
I'm not a lawyer, but non-permitted items are always a big bone of contention. Do they comply with code now? (never mind when they were built!) If so, you may be able to get them retroactively permitted in many jurisdictions. Otherwise, you potentially have a liability for the entire property, if they can build a case that the tennis court was the reason they bought the property. Get a good lawyer. Now. Your only recourse may be suing your listing brokerage.
Many people think they're being smart and avoiding property tax increases by building non-permitted additions - until it comes time to sell the property and they have huge liability issues because of it.
2006-10-03 01:09:51 · answer #1 · answered by Searchlight Crusade 5 · 0⤊ 0⤋
You do not mention what state you live in. I assume that there was a real estate contract, diclousures etc. You mention court has there been litigation?
Was there a Broker?
My suggestion is to read the contract and there may be a clause for mediation.
As an example in California, all real estate contracts will have mediation clause.
Perhaps in the best interest of all parties, cost of litigation, time etc mitigation may be an avenue to explore.
I have referenced a website for mediators that you can select by area code and speciality. There are mediators who specilize in real estate matters.
Best to you.
PS. I misread the value concept and I confused tennis court with court. My error.
Another avenue is seek legal council for a worst case opinion, I still believe mediation may resolve this conflict assuming both you and the buyer are willing to give it a try.
2006-10-02 23:46:19 · answer #2 · answered by Jimmy 5 · 0⤊ 0⤋
I don't get it. if it's not permitted, then why is it there?? No one made you take it down right?? Regardless, this guy can't sue you for this...he's just trying to scam you. You have a witness to the verbal comment?? If yes you're cool...and if not, just play dumb..it's your word against his. Besides, with all the paper signing involved in a closing?? No one will doubt that you are not guilty of fraud.
2006-10-02 21:44:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
when dealing with Real Estate - Disclose everything and anything and I mean anything!!! people in America are sue happy!
Verbal deals don't make it anymore - that's for the old and honorable people..
2006-10-03 03:31:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You are out of luck. Pay up.
2006-10-03 04:10:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need to hire an attorney - TODAY!
2006-10-03 01:21:27 · answer #6 · answered by Anonymous · 0⤊ 0⤋