Do I have any legal recourse against the developer of my residential housing community for misleading me during the closing process?

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Do I have any legal recourse against the developer of my residential housing community for misleading me during the closing process?

Last year I built a home in a new development. According to the builder, his agent, and all the information given to me at time of contract, the neighborhood was to be all single family homes. Now, after we’ve moved in and made this our home, we’ve learned that the developer has gotten approval for “multi family” dwellings, and is building apartment buildings four lots down from our house. Had we known this was his plan, we never would have purchased a home in this neighborhood.

Asked on June 21, 2015 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you can prove that the developer lied *at the time* he made that representation to you, then they may be fraud and you may be able to rescind or void the sale (return house, get money back), possibly with some adjustments for the value of having lived there a year and/or for the current condition of home. You'd have to sue the developer and prove the fraud--the lie knowingly made at the time--in court.

If the developer did not lie at the time, but conditions or plans changed afterword, however--for example, different management came in, the market changed, the developer was offered financing for a multi-family units, etc.--then it was not most likely not fraud and you would likely have no recourse; the law accepts that conditions and plans do change after the fact.


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