Tullahoma, TN asked in Real Estate Law for Tennessee

Q: Easement was not disclosed anywhere or ever. Am I in breach of contract if I do not want to buy the property now?

Property closes this week Friday. Survey is this week. I'm being told I will be sued but nobody told me about an encroachment on the property

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Read your Contract Of Sale verbatim. It probably requires merchantable title, and if the Easement is overly burdensome, it might be an excuse. Since you know about it now, it has been disclosed. Hire a competent attorney today to advise you on risks. The seller might even be able to destroy the Easement, but that is doubtful. Liquidated Damages in the Contract might be your only loss.

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