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

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1 Lawyer Answer
Jake Andrew Snider
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.

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