Lithia, FL asked in Land Use & Zoning and Real Estate Law for Florida

Q: Purchased Property from DR Horton found out that 10 of back property is public. is this fraud

There is a fence around the parameter of the complex and it was presented as the whole lot was ours. in fact, it was presented as a premium lot that would be easy to fence in because of the back fence already being there. I spoke with neighbors and no was aware that there is a 10ft strip of public property running behind out lots. We all agree that we would not have purchased the property if it has been shown to us at the time of purchase.

2 Lawyer Answers
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Real Estate Law Lawyer
  • Fort Lauderdale, FL

A: Normally when you buy real property there is a title search and survey to check these things, at least you would have if you had an attorney represent you in the transaction. Did you get a title insurance policy when you purchased the property, you may be able to make a claim.

You are talking about bringing an expensive lawsuit and being able to prove damages, buyer remorse probably is not sufficient you should consult with a real estate litigation attorney in your area.

Terrence H Thorgaard agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Real Estate Law Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: And if you didn't get a title search done, you would probably loose because of your negligence in failing to do so.

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