Q: My husband and I recently built a new home in a planned community. We questioned how the house next to ours would be set prior to signing a purchase agreement. We received a plot plan with the proposed house outlined on the lot and even signed it.
That lot has recently sold and now the builder is trying to set the house in a completely different direction. Had we known that we would not have purchased this particular lot. We’re just curious as to how far we can take this.
A: It’s unfortunate that the builder and you have a misunderstanding of what could occur with the lot next door. It sure would have been nice to know this ahead of time.
Did you and the developer sign a document that would require the home on the lot next door be placed in a certain manner? Was the “plot plan” document you signed merely a document to indicate the location of your lot or did it provide assurances about the way any future homes would be built on adjoining lots?
You should speak to a real estate attorney who can look over your contract and advise you as to your legal rights. If a real estate attorney originally represented you in this transaction, please call him or her to pick up the negotiations.
This might be a case where a simple call from your real estate attorney to the builder, along with a copy of the signed plot plan might be enough to jog the builder’s memory and encourage him or her to do the right thing.
April 10, 2008.