Is there any recourse when a owner makes misrepresentations regarding a the sale?

UPDATED: Aug 26, 2011

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Is there any recourse when a owner makes misrepresentations regarding a the sale?

We were interested in an acre of land being sold by the owner but the road wasn’t paved so that was holding us back from buying. The owner told us the road would be paved within the next year. We bought the land. Now 4 years later the road is still not paved and not even maintained by the county, we have found out it won’t be, cause it’s a private road, which we were unaware of or told.

Asked on August 26, 2011 Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you purchased the acre of land based upon representations that a road on it would be paved within the next year or so and it has turned out that it will never be paved, you purchased the land in reliance upon this representation, you may have a cause of action for negligent misrepresentation, intentional misrepresentation or concealment against the former owner based upon the information that you recently received.

The remedies for such causes could be rescinding the purchase (cancellation of the purchase) and/or suing for the cost of installation of the paved road that you thought the county would be installing.

If you do not have an attorney assisting you in this matter, you should consult with one. Good luck.

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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