Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Do you know that the sellers made this representation knowing it was false when they made it?
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.
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.
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.
There is no additional charge to you for rating me favorably.
A bonus is not expected, but is always appreciated.
Posted in error
Yes, that is certainly sufficient proof. Hopefully the notice was certified mail to the seller and you can get the signed receipt through discovery.
If it was required by the municipality as a condition for issuing permits or a zoning hearing then it would have to have been certified.
Either way, all you need is for the developer to testify that he mailed out notices to the seller.
You are very welcome.