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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1735
Experience:  Practicing Attorney with 10 years experience
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I bought a unit in condo and was shown a tandem parking garages

Customer Question

I bought a unit in condo and was shown a tandem parking garages as my spaces. After moving into the unit and reading the title deed, I found that the Title states a different parking garage. I spoke to my agent who did not help at all. The builder of the condominium was the same person who was the original owner of the unit I bought. He (or his family) still owns 5 units in the building. He is using the parking garage in my Title as storage. He actually uses a total of 4 units' parking garages as his storage. He assigned easements and driveways to his tenants as parking spaces which causes a hazard. The parking garage in my Title would have a clear exit for my car without worrying about the cars parked on the left and right of the driveway. He assigned the driveway to my titled garage as 3 parking spaces for his tenants. I spoke to him about my 3 near misses to huge cars parked on the easement and wanted my garage spaces according to the Title. What are my options? How about the misrepresentation of the garage during the sale? Thank you very much for your response.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 7 months ago.
I am sorry to hear about the situation. You clearly have a strong legal claim here. You can file an injunction asking that the court order him to turn over the spaces that your title says you own or you can file an action for fraud. It is doubtful that the court would overturn the sale of the house even though they committed fraud. I would push for a court injunction enforcing your titled rights and also assert the commission of fraud and thus maybe you can get some monetary damages as well.
Expert:  Asad Rahman replied 7 months ago.
You should also consider adding the sales agent to the case asa defendant as it appears he participated in the fraud.