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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 28505
Experience:  30 years of real estate practice experience.
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In the "Seller Property Questionnaire Addendum" the Seller

Customer Question

In the "Seller Property Questionnaire Addendum" the Seller answered he is not aware of : "Any current or proposed construction that will affect existing views", and "Any current or proposed construction, near the property, of public or private facilities, such as highways, hi-rise buildings or commercial development".
These statements are incorrect. Construction of a 21 new apartment project right across our home on the adjacent 1/2 acre canyon lot that had been in the planning with the city for the past three years just begun. This development poses a significant impact on our home as the planned 4 story complex will block our view, access to its underground parking just across from our home will solely be possible through "our" alley, and construction noise will occur over the next 16 months. We purchased this home due to its tranquil location at the dead end of an alley to avoid traffic noise and enjoy un-obstructed canyon view which the planned development will both ruin forever. Had the seller disclosed these plans to us we would have reconsidered the purchase. Need help deciding on the next steps.
Submitted: 1 day ago.
Category: Real Estate Law
Expert:  Loren replied 1 day ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 day ago.

Do you know that the sellers made this representation knowing it was false when they made it?

Customer: replied 1 day ago.
Expert:  Loren replied 1 day ago.

Thank you for the additional information.

You can sue them for fraud and misrepresentation. You would need to be able to prove that they made that representation of no planned construction knowing that it was false and for the purpose of inducing you to proceed with the sale. In other words it was a misrepresentation of a "material fact" and, based upon that representation, you bought the property.

Your damages would be the difference in value between the property with unobstructed views and the value of the property you actually got. Additionally, if you prevail on a fraud claim you may be awarded punitive damages, as well.

Customer: replied 1 day ago.
According to the developer and neighbors, there had been multiple communications sent to the neighborhood The seller knew about this project as it had been in planning since he bought this place.
What are the statue of limitations on a case like this and how long it may take to get a resolution?
Expert:  Loren replied 1 day ago.

The statute of limitations for fraud is 3 yrs, but it starts running from the time of discovery or the time you should have reasonably known.

As far as resolution, it depends on how aggressively the seller defends the claim and how amenable you are to settle. It could take months or it could take years. There is no way to tell at this point.

Customer: replied 1 day ago.
Thank you Loren.
Expert:  Loren replied 24 hours ago.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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Thank you!


Expert:  Loren replied 23 hours ago.
Did you have further questions before you rate my service to you?

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