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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42258
Experience:  Texas Attorney for 30 years dealing in real estate
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We bought a house with a fence and shed that already existed.

Customer Question

We bought a house with a fence and shed that already existed. The previous owners did not disclose that they did not get approval for the shed or fence being on an easement for the utility company. Now the utility company is asking us to remove the shed and modify the fence, curbing, etc. These changes will significantly reduce the usable space of our back yard as well as require additional funds to make the necessary changes. Do we have any legal recourse to be taken against the previous owners for not disclosing or taking the appropriate steps for approval? The changes will decrease our property value as well as make it less desirable for a future purchaser.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
You would have a civil claim here against the seller, real estate agent, inspector, and the title company if this was not disclosed to you in the closing documents.
This is considered a material nondisclosure of your sales contract.All of these parties would be liable to you in that situation.Your lawyer would send demand letters to all of them shotgun style.You may get partial offers of settlement from.The realtor, home inspector and tittle company likely have insurance here that would pay.
You can seek the damages of lost value, cost of moving ad replacement of the property involved here, etc as well as legal fees and costs as well.
It is very possible here that you would be able to resolve this matter based on the demand letters without+ filing suit.
You will need a local lawyer here to send the demand letters and file suit if it cannot be resolved.
Lawyer referral
You should still have time to pursue this and file suit of necessary.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
If you can leave a positive rating when we are done it is always much appreciated.
Thanks again.Good luck with your claim and recovery.I know that this is real frustrating for you.
Expert:  Ray replied 2 years ago.
Have a great Memorial Weekend.