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Plot Plan

REM #F800

By Ilyce R. Glink

Summary: Buyers complain that the plot plan for a neighboring lot has changed. They want to know if they have recourse since the new plot plan has the next door house set differently.

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.

NOTE: Ilyce R. Glink's latest ebooks are "Credit Scoring Secrets" and "How to Find a Great Real Estate Agent," which are available at her new, all-video website, www.expertrealestatetips.net. If you have questions, you can call her radio show toll-free (800-972-8255) any Sunday, from 11a-1p EST. You can also write to Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact her through her website, www.thinkglink.com ©2008 by Ilyce R. Glink. Distributed by Tribune Media Services

 

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Ilyce

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