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I bought a property in Jun. 08 for 65,000; 20% down in Oct. 08 we were going to build a carport/ storage place when the neighbor comes over and tells us we are building on his property. How is that possible in that case the well, the pump, and the driveway are all on your property? His response was I don't have a problem with all that being on my property or you guys using my driveway but I do have a problem when you start building on it. The nieghbor then tells us well theres nothing you can do about it now and everyone else is going to tell you the same thing. Turns out nieghbor worked for previous owner and know each other. So I don't know if they had an agreement to begin with. I'm a first time home buyer the bank knew this therefore I didn't know I needed a survey done. To me I feel like I've been taken advantage of the previous owner has lied about certain things now that I find out. To me this property is not worth 65,000 is there something that can be done? There has to be?
State/Country relating to Question: Florida Already Tried: Well I went to the bank with my loan officer and let him know what was going on he advised me to talk to a lawyer. I went to where we held the closing they advised me to have a survey done they said they could send someone out but it had to be paid for ahead of time and I had no money so I had to wait till fri.but thinking about it i was going to look for one myself then all of a sudden the next day there someone here doing the survey without me paying and then I had no choice but to pay. so i feel like if there trying to cover themselves. then they told me why don't i try talking to the previous owner and straighten something out but i don't trust him anymore he's lied a few times already and when i confronted him he brings out a different story. Then i called a lawyer he never returned my call then i 3 surgeries right after the other and have had no time to act on it it took 4mon of recovery that's why i'm doing it now and its taken so long.
Thank you for contacting our JA team for guidance.
Yes. You can sue the former owner for intentional or negligent misrepresentation if part of the property he sold you did not belong to him. You need to have a survey done if there is not a recent one to find out where the boundary lines really are.
The state bar association can provide you with attorney referrals. You will need one if you sue the prior owner.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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but could i sue him for my down and the whole year i've paid on it so i could get another place that has everything that belongs to it
Yes. If you can prove Fraud, the court could undo it as a fraudulent transaction, although this is an extreme remedy. More often, the courts compensate you for the difference between what you were told you were getting and what you actually got.
If title has not passed to you, then it is more likely you would get at least most of your money back.
You need an attorney who will take this on a contingency fee basis since it does not appear you can afford significant attorneys fees.
All the best to you.
Lawyer
JD, BBA Over 20 years legal and business experience.