I purcahsed a lot in a resort community. Developer has not performed as stated. Can I sue for breach of contract?

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I purcahsed a lot in a resort community. Developer has not performed as stated. Can I sue for breach of contract?

The developer has not implemented the aminities to the property. It has not provided water and power to the lots, or completed the roads after a 3 year period. Financing was provided by the developer’s in house compnay. If I stop payment how will this effect my credit. The lot is worthless without the developer building the resort style facilities.

Asked on June 1, 2009 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends.  What does your contract state? Does it state time is of the essence? Does it state construction and everything will be done by a certain timeframe? Does it say reasonable time frame?

Sounds like you definitely should at least consult with a real estate construction plaintiff attorney.  Try www.attorneypages.com and check his or her record at the Texas State Bar.

You may also wish to file an administrative complaint through your state's attorney general's office.


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