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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption