Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
Thank you for contacting Just Answer. I look forward to assisting you.
While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Can you please clarify - what is your legal question? It's not clear from what you wrote, and I want to make sure that I answer the question you want answered.
Please be aware that JustAnswer.com and Eanswer.com are pay-for-answer web companies. You have offered to pay me $28 for my answer and I have accepted.
I'll look forward to hearing from you,
Jane Doe Deer
What you have, to use the right legal jargon, is a breach of contract. You can sue for everything you put into the lot, plus interest, taxes, mileage, etc.
Here's the big problem you are likely to encounter - you could spend thousands on legal fees and win your case, and the developer could just turn around file for bankruptcy.
I also wonder why the previous attorney wasn't making progress. It's possible you had either a bad case or a bad attorney. Your case sounds solid to me, but, on the other hand, I've only heard one side of the story.
I would suggest scheduling a paid, 1/2 hr to 1 hr consultation with the previous attorney (unless you think he or she is worthless) and find out exactly (more precisely) what the status of the case is, including challenges/obstacles. That would be a good starting point.
After that, you can try to pursue the lawsuit yourself, or with a different attorney.
As I said above, you sound like you have a solid case (no pun intended), but no matter what the developer promised, if he or she has no money, you and the other owners are going to have to pay for everything yourself.
Another option is to sell the lot at a loss OR sell at a loss, take a contract, and make a little money on, say, 7% interest.
You have a bad situation. There's no way to say that any differently.
Do you have any follow-up questions? If so, just write back! I'm about to take a break for two hours or so. There's no charge for follow-up questions.
Otherwise, please click "accept" or I won't be paid at all.
Thanks, XXXXX XXXXX sure wish I had happier news for you.
No, your recourse is against the developer with whom you had a contract.
If he or she is still in business, you could send a demand letter by certified, return receipt mail. But I imagine that the attorney has already done that sort of thing and sued the developer, too.
If the attorney ONLY went after the state, trying to get the code changed, he or she may not have done a thorough job on your behalf. I'd have to know for what the attorney was hired to do.
But I'd go after the developer unless that's impossible because the developer is broke or likely to go bankrupt.
Meanwhile, if there isn't already a HOA, you can form one, and get everyone to chip in. I can send you the state law on that, if any, and send a sample.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).