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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

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 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.

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