Expert: Sue Bernstein - 2/28/2007

Question
I bought a newly built home about 16 months ago.  I looked at the property before they built on it and liked what they showed me and then had them build a house on it. Now they say that they put the fence in wrong and the property they showed me should have been about 40"X70" smaller.  They say that part of the property they sold me was really not mine and that the city will not let them move the property line.  They say I can't sell my property right now because the description on my purchase and deed does not match what the city has on record.  They are not offering anything at this point to me.  I would never have bought this property if they had told me up front that it was 40'X70" smaller.  Can I make them buy back my house and property at current market value plus all the upgrades I have done since I bought it?  Can I have them give me my original price and add in all my upgrades, my house payments, my insurance and tax payments?

Answer
Dear Mark,

I would meet with a real estate attorney and let him/her review your contracts.  It sounds like the builders acknowledge they misrepresented the property, therefore they should be held accountable for fixing the problem.  An attorney should be the best person to tell you if you have a case and represent you with the builder.

Hope this helps and good luck.