HOME OWNER & CONSTRUCTION PROBLEM

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HOME OWNER & CONSTRUCTION PROBLEM

PERCHASED NEW HOME IN JAN.09,OWNER & REALESTATE COMP. SAID THEY WOULED FIX A RUN OFF AREA ON MY PROPERTY, ITS BEEN 5+ MONTHS AND PROPER ACTION HAS NOT BEEN TAKEN ;, PLEASE ADVISE

Asked on May 27, 2009 under Real Estate Law, Alabama

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to see whether the promise was put in wirting somewhere in the real estate contract.  Was the promise in writing on an addemdum of the agreement?  Was it oral?  The answers to these questions will determine your righs more or less.  Generally, this sort of agreement must be in writing to be enforecable.  The are exceptions, but usually this is made a part of the agreement.  Have you asked your closing attorney?  I suggest reviewing the contract and contacting your lawyer who can tell you whether this was part of the deal.  If you believe that you were induced into buying the property based on this promise, you may have a claim for fraud and you should again ask your lawyer about filing a suit unless the owner rectifies the problem and takes action.  I think a letter to the owner/real estate company is a good start to remind them of their promise.


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