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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33458
Experience:  30 years of real estate practice experience.
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I have just recently purchased a deeded 40 acre property and

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I have just recently purchased a deeded 40 acre property and had it surveyed and it only 21 acres! What legal rights do I have
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

Before we begin, a bit more detail would be helpful please.

Did the written contract contain any representation from the seller regarding the size of the property?

Was there title insurance (an owner's policy) issued at closing?

Why was there no survey prior to closing?

Were you represented by an attorney in the transaction?

Thank you.

Customer: replied 4 years ago.
Yes to all the questions except survey. We did not survey because the sellers deed clearly stated 40 acres and the county had the same acres recorded and he was being taxed on 40 acres. Thanks
Thank you, XXXXX XXXXX the additional information.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

There has clearly been at best a breach of contract and breach of warranty here and at worst, an outright fraud.

You may have a claim to present on your title insurance. In addition, there is certainly a breach of contract action you can assert against the seller. Your are entitled to a partial refund of the purchase price and any other damages due to the misrepresentation. If there was an outright fraud then you may also be entitled to punitive damages.

Finally, you may also have a claim for malpractice against your attorney for not confirming the size of the property.

These are all options which can be pursued at the same time.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.


Loren and 5 other Real Estate Law Specialists are ready to help you
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, Terry, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 4 years ago.
Judge law I am sorry but the one question remark was not your fault ! My apologies
I am not sure what you are referring to. What remark?

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