What are my legal options continued?

Asked by Nicole, Morrisville, NC Thu Dec 4, 2008

We bought less than two years ago. The community is about half way complete, if not less. Of that, less than half are homeowners. (most are renters) So as far as gathering support it seems like a shot in the dark. The HOA has proved to be worthless so a few of us have been trying to keep up with the progress through email. One of the homeowners contacted DOT who said that Anderson Homes knew of the plans. It's one thing for a single homeowner to miss a detail such as this, but I am not the only one. We had a meeting around a month ago and that is when I, along with the others, found out. I did not go through a realtor. However, if Anderson Homes knew, were they not required, by law, to tell me of the plan? The survey crew was already out today. We don't want a main road!

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Renee Porsia, Agent, Newtown, PA
Sat Dec 6, 2008
Hi Nicole,

So, you used Anderson to handle your transaction?

I would have to say that I believe if they knew, they should have disclosed this to you. Had you knew of that piece of information, perhaps you wouldn't have purchased. Have you contacted an attorney? An attorney of course will charge you but some do have free consultations and you could run all of your concerns and questions by them. They will be able to offer options to you.

Did you get any type of seller disclosure from Anderson?

I would love to take some time to speak with you if would like to run everything by me and if I can help you in any way, it would be my pleasure.

Feel free to contact me.

Renee Porsia
Associate Broker
(215) 669-0589 Direct
(215) 358-1100 Office Ask for Renee
2 votes
William Leigh…, , New Jersey
Thu Dec 4, 2008
Nicole: Your question has been answered by out of state people who have no valid advice that I can see. Your question, in a round about way, indicates that your problem is not with your home but in some road that is being put through somewhere. I would appear that the somewhere is nearer that you like.

You have two recommendations to seek legal advice. My own is: “not so fast.”

Attorneys cost money. It is very doubtful that they will stop any highway project already on the books. What can you do? Sue the homebuilder for not disclosing the highway project? Possibly, you can sue anybody for anything at any time. Will you prevail? Unknown but if the project had been advertised in the public record, the builder might have a defense. If not, did the builder know? If the highway is far enough away from the development, it may not have been necessary to notify them or you. If the builder did know and indeed was negligent or deceitful, what is it worth? As much as legal fees? What do you want, some amount of money? Will that make your house ok with the highway nearby?

You seem to have a small group of partisans. The renters will probably not want to contribute. They don't have any vested interest. The HOA doesn't see the need to get involved. As a group, they may have asked exactly the same questions of themselves and decided that they didn't have the resources or the burning need to fight what ever fight you are intending.

Unless you can figure out what reasonable solution will make you whole and then determine if that solution is reasonably achievable, you may find few allies. I doubt that the highway will go away. I have no idea if any amount of money will ease your pain.

It may be that your best option is to begin to consider a sale and relocation. If so, next time do a little research on the building plans in the area, both commercial and public. Next time it may be a ballpark with lights and crowds until all hours. It's easier to stop those things in the early stages if you are an existing resident.

Sorry. I don’t see a great solution to your dilemma.
2 votes
Pat & Steve…, Agent, Westlake, OH
Thu Dec 4, 2008

I have two businesses in the Greater Cleveland OH market. I am a real estate agent and I am also an attorney, with 29 yrs of experience, licensed in the State of OH only. So, I cannot give you any specific advice. (I, also, cannot repressent clients as a real estate agent and attorney at the same time - each fiduciary relationship must be separate.)

The unfortunate part of your situation is that you did not use a real estate agent (or an attorney) to represent you in your purchase of a home from a builder (whether you purchased a currently built home or a custom built home). Having representation likely would have prevented your current situation. You are not alone. Some people who buy homes from a builder think they will save money if they do not retain a real estate agent or attorney. But, your situation is an example of a major reason why retaining a real estate agent (or attorney) is a wiser move. Often, using a real estate agent (or an attorney) to negotiate a purchase agreement with a builder can raise potential issues regarding the purchase and potentially save a buyer money. In fact, in my area of OH, many builders encourage buyer's agents to bring buyers to negotiate their purchase agreements. The builders pay the buyer's agent's commission, so the buyer has no expense for using a buyer's agent. (Please remember that I am writing about my area of OH only.)

In your current situation, I can only suggest that you retain an attorney, licensed in your state, who handles residential real estate law matters to tell you what options you may or may not have.

Patricia W. Pribisko, Realtor
Team Pribisko
Keller Williams Greater Cleveland West
0 votes
Dallas Texas, Agent, Dallas, TN
Thu Dec 4, 2008
You need to contact a real estate attorney, truly up to buyers to confirm all the development taking place in a given area, not all sellers/builders have to disclose those details. Contract may specific conditions regarding this. Sorry to read about your circumstance.
http://www.lynn911.com http://www.homes-for-sale-dallas.com
Web Reference:  http://www.lynn911.com
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