This area of the property was told by sales person and as well as director of the company. They have confirmed verbally at least 20times that the area is 3500sq ft but come to light now it is 2600 sq ft. Where do I stand in court of law. I still want the house but not at the same price what I ws paying for 3500 sq ft house.
What damages are available if any in court of law or can the builder walk away from this without facing any come back.
2007-05-21 05:55:50 · 4 answers · asked by umer farooq a 1 in Business & Finance ➔ Renting & Real Estate
It is a new built property, so only thing available for us at the time were drawings. I have bought new built properties before so I had every faith in the builder to be telling the truth about the covered area. We have aready exchanged the contract and now it has come to the surface that they have been lying about it all along. Next door house was supposed to be 5000sq ft only came to 3500sq ft.
Anyone who has UK law knowledge can reply and advice me where do I stand in the court of law.
2007-05-21 06:15:39 · update #1
It depends on where you are in the transaction. If you have signed nothing thus far, you may freely walk away. If you have tendered an accepted offer to purchase, I would suggest contacting a qualified real estate attorney for advice in the matter.
2007-05-21 06:02:13 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
Ultimately the judge will ask you whether you discovered that it was 2600sqft during your "due diligence period", the time in which you have to perform inspections & appraisals.
During your due diligence period you should have had the property measured.
Did the owner or builder sign anything stating that the home was 3,500sqft? He probably signed a form called a Seller's Real Property Disclosure or Transfer Property Disclosure. The seller has to state that things like condition, size etc are true & correct to the best of his/her knowledge.
If the owner/builder is misrepresenting his property in such an adverse way including lying about the actual sqft, I think you would win your case.
Of course you don't want to pay the same price now that you've found out it's almost 1000sqft smaller. I wouldn't either.
Before taking this to court, threaten your real estate agent & his broker to make things right for you., they also should have done their own due diligence in making sure they were marketing this property to you correctly (knowing the size of the home), they also misrepresented the home to you.
Threaten to call the local newspapers or their Board of Realtors to file a complaint, call the National Assoc. of Realtors as well.
Agents & builders don't want a bad name, they'll do what is right to cure the situation before media gets involved.
2007-05-21 06:05:46 · answer #2 · answered by Miss Emily 3 · 0⤊ 0⤋
Either the price is right, or it's not. Was it written down anywhere that they're offering 3500 sq ft? Because of the sums involved, verbal contract is a real no-go area in real-estate. I'd look at what similar houses are selling for in the area. House prices are much more about # of bedrooms, whether there's a garage or basement etc. etc. than raw sq footage.
2007-05-21 06:02:23 · answer #3 · answered by Ian S 3 · 0⤊ 0⤋
verbal contracts for the most part are not really enforceable in some states (if in florida see statues of fraud) are also remember that there is a difference between living area (LA)and sq/ft of land
2007-05-25 11:47:44 · answer #4 · answered by pap232323 2 · 0⤊ 0⤋