Watertown, MA asked in Construction Law for North Carolina

Q: Company failed to disclose retention pond behind new construction of townhome. Can I get out of the contract?

I am from out of state and plan to move to Apex, NC at the end of the year. I visited briefly and found what looked to be a perfect new build townhome. I didn’t have time to see the lot. They said it’d have trees behind it (great view). They sent a picture and retention pond was not in view. We paid $2500 and an additional 7% of total cost to secure the purchase. During our construction meeting they told us about the retention pond.

They are now trying to convince us to stay but we do not want to live with a retention pond behind our house. We are worried about smell, maintenance, and view. Can we cancel the contract and get at least the 7% back because they failed to disclose the retention pond behind the lot in any photos or writing?

Thank you very much

Related Topics:
1 Lawyer Answer
Jake Andrew Snider
PREMIUM
Jake Andrew Snider
Answered
  • Construction Law Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: The answer to your question will depend, in large part, on the language in the agreement you signed. In addition, it's possible the pictures you were given and the representations made before you signed the contract could come into play, as well. It's conceivable that you have a defense based upon unilateral mistake, mutual mistake, or possibly fraud.

This is a fairly serious issue, and I don't recommend doing something like this pro se. You're going to need to have a licensed North Carolina attorney review the contract and discuss the problem with you in detail in order to determine if you have a remedy, as well as how to go about pursuing it. Reach out and retain one soon.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.