Can I Sue an LLC for Not Paving a Private Drive

[carrera95]

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

I bought an acre parcel from an LLC three years ago to build a house on. In the land contract is specifically states that the private drive to all five lots will be paved, however it does not specify by when. Since then two of the remaining acre lots have been sold and houses have been built on them. and one has alrady been foreclosed. It is my understanding that these two lots also have this in their land contract. The LLC still owns the two remaining lots. I have contacted one member of the LLC and requested that the road be paved. He said they have no money right now and he doesn't know when it will be done.

My question is can I sue either the LLC or a member to get this street paved. I'm afraid they will change title to the other lots so the LLC has no assets. The members create a new LLC for every parcel that they split. This was the only reason their current LLC was formed for. Is there anything that can be done legally about the land contract? It seems like real estate fraud if they put this in a land contract with no intention of completing it.

[Mr. Knowitall]

Consult a real estate lawyer, and take the contract with you.

It may be possible to get a court order compelling them to pave the road, but that depends upon the terms of your contract, and you should expect to plunk down at least $5K-10K if this has to go to trial.