Q: If we purchased house with 17.5 acres and have now found out there are only 11.5 do we have any recourse?
We bought a house with 17.5 acres in Tennessee. We did not have a survey done before we signed the contract we have since had a survey and there are only 11.5 acres. Do we have any recourse to get reimbursement for the missing acreage? Who would be responsible for the misrepresentation?
A: The answer is maybe. Depending on many factors, including the type of deed you received, the purchase and sale agreement terms, whether a survey was waived, etc. It could be a potential claim against the seller(s), or maybe the title insurance company, or both. You'll need to hire local counsel to review all of your documents, any new surveys, etc., to determine what rights, if any, you may have against any party.
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A: You will have to hire a competent attorney to search the title and examine your contract of sale, and disclosure statement if any. Whether the sale was en gross or by the acre will be critical. Defendants can include the seller, real estate agents, and possibly the closing agency. It will be tough and you may not collect. Unfortunately you did not check this out prior to purchase.
1 user found this answer helpful
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