Is there any recourse against a home builder for not following through with a verbal agreement?

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Is there any recourse against a home builder for not following through with a verbal agreement?

We purchased a new home 3 years ago and before we purchased the home, we asked
and we were told by the home builder, that no 2 story homes would be build
overlooking the back of our property. Within the past 6 months there are 2 new
2 story homes that have been build behind our property. In addition to a
breach in our privacy, I am concerned that the presence of these homes will
depreciate the overall resale value of our home.

I understand that the builder cannot tear the homes down, however is there
anything that we can do as homeowners to satisfy our concerns?

There are numerous accounts from other homeowners in the neighborhood that were
told the same story.

Thank you in advance for your time and expertise.

Jimmy Hall

Asked on May 16, 2019 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you would not have recourse because we presume that there was a written contract or agreement between you and the builder. If so, when there is a written contract, it contains all the terms between the two parties--no terms or promises which were made orally (that, not verbally, is the correct word) and which did not make it into writing will be enforced. Only those written terms in the written contract are enforceable; therefore, the oral promise was not binding.


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