What options do we have

We bought a home in a new subdivision. The home we bought backs up to a large green belt area. We asked the home builder several times what the plan was for that area. Each time we were told it would remain an open area. We even have an email between builder and developer with that information on it. We bought the home April 2018. Now, the developer is about to build 4 houses in that area. The plat for that area was approved Nov. 2017. However, we were not aware of that and again were told it would remain an open space

Asked on January 2, 2019 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the builder intentionally or knowingly lied about a material or important fact (one affecting, for example, whether someone would buy the home or what they'd pay for it, such as what would happen with a green belt) that is fraud; fraud would provide grounds to sue the builder for compensation, such as the difference in value between the home backed by greenery and the home with houses on it. Suing is your only effective remedy, and you would have to prove that they intentionally lied--knew at the time that the land would be built on, but lied about that fact.


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