What to do if we purchased a home and the found out that the owners lied about the boundaries of the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if we purchased a home and the found out that the owners lied about the boundaries of the property?

We found that a major selling point for the property actually belongs to a neighbor. Real estate agent was told feature was part of the property.

Asked on June 11, 2012 under Real Estate Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the seller for fraud.  Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.  In other words, you justifiably relied on the seller's intentional misrepresentations and would not have purchased the property had you known the true facts.

Your damages (monetary compensation you are seeking in your lawsuit for fraud against the seller) would be either the benefit of the bargain or your out of pocket loss.

Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that your actual loss might have been less.

Out of pocket damages for fraudulent misrepresentation  permits recovery of the difference between the price paid and the actual value of the property acquired.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption