Misinformation by Agent Regarding Lot Features

[aim1999x]

My question involves real estate located in the State of: NC

I bought a house in a subdivision few years ago. At the time we looked at lots and when we chose one the builders agent told us that we can't have that lot because it would not fit a house with 2 car garage we were specifically told it can only accommodate a house with 1 car garage. Fast forward 4 years later there is a house being built right now on that lot with a 2 car garage. We bought another lot based on that information. The lot we originally wanted is much more desirable than the one we settled on. The builder is now saying that we were told wrong and that in fact it can fit certain plans with 2 car garages. (The plan that is being built right now was available at the time we were making purchase) Our plan would not fit on that lot but if we knew we had an option to pick a different one to fit that lot we probably would. Do we have any legal recourse ?

Thank you

[Mr. Knowitall]

The agent may have simply made a mistake, or may have been speaking specifically of the plan you picked out which you state would not fit on the lot at issue. I'm not sure what evidence exists, some four years later, of anything other than a mistake or misunderstanding. I don't see that the agent would stand to benefit from tricking you into buying the lot you ended up choosing - it apparently took four additional years, after all, for the more desirable lot to find a buyer.

North Carolina's statute of limitations, NCGS § 1-52, sets a three year limitations period "For relief on the ground of fraud or mistake; the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake." "Discovery" means either actual discovery or when the fraud should have been discovered in the exercise of "reasonable diligence under the circumstances." That is to say, if this was a case of mistake and if you only just learned of the mistake and had no reason to suspect a mistake at an earlier date, it would appear you can still take legal action. The problem is, even if we assume that the agent did make a mistake and that this is not a case of miscommunication (such at the agent's speaking of the specific floor plan you selected, not all possible plans), it's not clear that you suffered any economic damages. I suggest going over the details with a lawyer to determine if you have an economically viable cause of action, based upon a full discussion of the facts.

[aim1999x]

Thank you for taking the time to reply Mr.Knowitall. We actually made an offer on that lot and agent came back saying we can't build a house with a 2 car garage on that lot. It was clear there was no room for miscommunication there. I am pretty sure we didn't suffer any economic damages, it is just a matter of being misled and not getting the lot we wanted. Another thing that adds fuel to the fire is that the house they are building is same color as ours, at the time we were selecting colors for our home we were told no 2 houses standing next to each other could be same color. I suppose if the standard would be that we would have to show any economic damages, then really we don't have a case, because we can't.

Thank you