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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12215
Experience:  JD, MBA
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We purchased house in mountain city,Tn. When purchased our

Customer Question

We purchased house in mountain city,Tn. When purchased our listing says shared Well last year the neighbors told us they found no agreement was made meaning not on deed. We have written letters to seller,real state closing attorney,rel estate company,title company no one will take responsibility.Now the people who actually rights towel because on their property do not want to share and plan on shutting our supple off it is attached to their electricity as well.can anyone help our option to put in well of our own is 8-10,000 please help wwe do not have this money what law orb any other can help is misrepresetation something desperate in mountain city,tn
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 11 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Customer: replied 11 months ago.
Do we have access to every real estate expert in case one may be more versed than another?
Expert:  TJ, Esq. replied 11 months ago.

Hello again. Thanks for your patience.

It sounds like you may have a viable case against the seller and the seller's agent (assuming they used an agent). The argument is that they misrepresented their right to use the neighbor's Well, that you reasonably relied on the misrepresentation, and that the misrepresentation induced you into buying the property, which you would not have done had you known that you had no rights to the neighbor's Well. Here is clear Tennessee legal authority supporting this legal position:

In Goodale v. Langenberg, 243 S.W.3d 575 (Tenn. Ct. App. 2007), appeal denied, (Nov. 19, 2007), the court stated that if a real estate agent and the sellers fraudulently misrepresent the condition of a home to purchasers, the purchasers are entitled to rescission of the purchase agreement if an award of money damages alone cannot make the purchasers whole. Further, the court stated that punitive damages may be awarded in an action for equitable rescission and incidental damages when fraud is the basis for rescission. See also Davis v. McGuigan, 325 S.W.3d 149 (Tenn. 2010).

My suggestion is that you retain a local attorney to write a demand letter to the seller and the agent. The letter should demand the full cost of installing a Well, and threaten a lawsuit if the demand is ignored. If you are required to sue, then you can seek punitive damages as well as compensatory damages.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 11 months ago.
In this case how can we take to Court ourselves what do we do to bring this hearing about please advise?
Expert:  TJ, Esq. replied 11 months ago.

Hello again.

You can certainly attempt to win this case yourself in small claims court. I warn you, however, that your chances of success are greatly reduced. Here's why: A lawsuit is much more than simply making arguments to a judge at a hearing. You may have to contend with a Motion to Dismiss, a Motion for Summary Judgment, a removal out of small claims court into a higher court where the rules of evidence are not relaxed, etc. You can wind up over your head very quickly. Accordingly, I strongly suggest that you retain an attorney.

In any event, if you wish to handle it alone without an attorney, then you should visit the local court clerk (in the county where the property is located) for the proper small claims forms. Then you fill out the forms, file them with the clerk, and ask for the sheriff to serve the summons. After the defendant is served, a trial date will be scheduled. Of course, there could be curve balls thrown like mentioned above. But if the case actually makes it to trial, then you'll need to make your arguments to the judge, he'll hear the defendant's arguments, and then he'll make a decision.

Expert:  TJ, Esq. replied 11 months ago.

I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback via the stars. Thank you.

Expert:  TJ, Esq. replied 11 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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