What is the best course of action for a realtor’s misrepresentation concerning a property purchase?

UPDATED: May 24, 2011

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What is the best course of action for a realtor’s misrepresentation concerning a property purchase?

We bought property for which there was a sheet of by-laws. The land, consisting of 1.69 wooded acres, was beautiful to us. It was divided into 3 lots and we intended to keep all 3. We could and would never have bought this property, if she the real estate agent had not told us that once we bought it we could build as we please.  She blatantly lied to us, which has caused my husband to stress out; he has had 2 silent heart attacks and lost 60 lbs. I intend to sue.

Asked on May 24, 2011 under Real Estate Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation and for the resulting problems for your husband.  Some clarification needs to be had here and some interpretation as to the sheet of by-laws.  I fear, though, that one has to read all the documents that were part of the transaction in order for anyone to give you any feedback on the matter.  Was the representation by the realtor oral?  Did you have an attorney help you with the contract?  What does the contract state?  The principle of law that you seem to be leaning toward is misrepresentation and inducement to contract.  If the misrepresentation can be seen as material and "but for" it you would not have purchased the property then you may have a case.  But you will need an attorney to help you here, especially wth proof if the statement made was oral and there was a written contract.  Oral statements are not generally taken in to account in those instances.  Good luck.

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