Breach of real estate contract?

Question

purchased a home two years ago in a developing subdivision. The development (as well as all of the literature we received) called for 51 "retro style" houses - narrow lots, sidewalks, alleys. Now the developer (who also owns the realty office handling the sale of all of the homes as well as the general contracting business that is actually constructing the homes) wants to re-zone then sell the remaining property. He is requesting only 11 more homes be built and the remaining land be developed into condos. The city's planning commission meeting is on the 18th where they will vote on whether or not to allow the rezoning to be approved. Needless to say, all of the existing homeowners are ANGRY. We have contacted our alderman and know that there's strength in numbers. Any other thoughts or suggestions as to how to help us stop this would be GREATLY appreciated. Please help! See the newspaper article at http://standardpress.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=826

Answer 1

Unless your purchase contract included a proviso that the subdivision was guaranteed to be completed as advertised, you're going to have problems. Your real estate contract is only breached if it prevents this change, and if the change occurs.

Your best bet is to attend all meetings covering this request (and I mean ALL homeowners, not just a few) and voice your disapproval at every opportunity. Get together with neighbors and start developing good solid reasons why this change would be harmful to current owners. Do remember that 'not liking it and being angry' aren't going to go very far.

Condos might bring more 'transient residents' than would single family homes, and also increase traffic, since the housing is more densely concentrated. Those are a couple of potential reasons you could use, and I'm certain there are more.

Good luck.

Answer 2

If the political route doesn't work out for you then you will need to consider litigation and consult a good attorney. However most builders have very good contracts that virtually make them bulletproof. They have some "weasel" clauses that protect them very well.

I imagine that the builder is between a rock and a hard place in that the buyers are probably not out there to complete the original plan. If he doesn't have really deep pockets and if you don't want to see rows of vacant houses in your subdivision then he may have hit upon an idea that will be best for all concerned.

A group of owners should probably sit down with the builder and have a reasonable conversation. There may be an even better compromise than either you, the other owners or the builder have thought possible. Confrontation is never pretty and usually everyone gets hurt.

Answer 3

It would all depend on the contracts and disclosures you signed. I suggest to get a real estate lawyer to go over the paperwork. Especially if the relationship of the companies involved were not disclosed and if the contracts were based on the current zoning permits.

Regards

Answer 4

What has the agent performed incorrect, that you simply suppose you'll be able to cancel his agreement ? From what collect, you 'heard he has a terrible repute', and that's the level of any hindrance The REAL purpose looks that you simply could love to supply the directory on your son's pal. None of what you have got mentioned offers you a legitimate purpose to terminate the agreement. If THIS agent isn't acting on your expectancies, your subsequent path of motion is to talk with the coping with dealer of the present agent. You can remedy any 'efficiency disorders' that means.