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If you sued the builder for breach of contract, you would have a claim for damages. The Courts have held that the sale of real estate is "unique" because the buyer is purchasing a particular lot and from a legal standpoint, if the purchaser for some reason cannot purchase that specific lot, he necessarily has damages. Sometimes it is easy to prove damages. Please allow me to give you one or two examples to clarify what I am saying,
A purchaser had an Agreement of Sale to buy ABC lot for a purchase price of $80,000, but something went wrong and he could not purchase it, but was able to purchase a similar lot "DEF" in the same community for $100,000, it is clear to see that his damages were $20,000 because he had to pay $20,000 more for a similar lot in the same community.
A purchaser was renting property and his lease agreement contained an option to purchase the property. The purchaser properly exercised his option to purchase and applied for a mortgage loan at 2% interest. The seller was not able to convey title free and clear of all defects by the settlement date and the purchaser's 2% interest from the bank expired. One month later, the seller was able to clear title and was ready to convey clear title to the purchaser. However, the purchaser's lender could not offer the purchaser the 2% interest and was now going to charge the purchaser interest at the rate of 3% per year. In this instance, the purchaser's damages was the difference in his monthly mortgage payment from 2% and 3%over the life of the loan.
In your situation you have to analyze the difference between what you were getting if you purchased the first lot with what you would get if you decided to purchase another lot which could accommodate the structure.
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