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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I purchased 25 acres without utilities and the listing agent

Customer Question

i purchased 25 acres without utilities and the listing agent verbally said he is a good friend with the neighbor on one side of the land I purchased and said i could run overhead power lines thru his property to have access to power. (all other neighbors have said no to access). so i had power company give me a price ( before i bought the property to make sure i could budget utilities) to access power thru neighbor which came to $8600 now the neighbor has said no to overhead power line and must be buried with will cost $50000 my realtor which works for the same company heard listing agent state this, do i have any recourse with listing agent or real estate company for the difference in electrical power supply cost or in purchasing land back for deceptive practices.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 4 months ago.

It is possible to sue if you can prove that the relator INTENTIONALLY made a misrepresentation knowing that the statement was false and it was done to induce you to purchase the property.

Customer: replied 4 months ago.
How hard is it to prove misrepresentation, it was verbally stated and nothing was in writing. My agent, me and my wife heard selling agent state that. We have already started construction of house and lots of improvements to property.
Expert:  Roger replied 4 months ago.

If you have witnesses, then you could prove it fairly easily......the more difficult thing is to prove that it was an intentional misrepresentation. If the realtor actually told you what the neighbor said, and the neighbor changed his/her mind, it could be a tough situation for you.

Expert:  Roger replied 4 months ago.

Since the agreement wasn't written into the contract (or a separate contract) it could be difficult to make any claim other than that the realtor intentionally misrepresented this to you in an attempt to induce you to purchase the property.

Customer: replied 4 months ago.
what type of recourse would there be for realtor intentionally misrepresenting this to me in an attempt to induce me to purchase the property
Expert:  Roger replied 4 months ago.

If you can prove an intentional misrepresentation, it is possible to seek the difference between the cost of the overhead and underground utility lines. There could be other tangential damages, but that'd be the most likely.

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