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

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • 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.

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.