My question involves a consumer law issue in the State of: TEXAS
We are constructing a new home from a national reputed builder who shared us the original survey plot plan for our selected lot and how our home will be situated in that lot. We wanted to push back our home from the original placement and they agreed to push it back by 5ft.
After a few months into construction, I accidentally found out that the entire survey was incorrect and that my builder also conveyed incorrect information to me. From the original survey plot and my builder confirmed by email that I will be getting 43ft backyard size after moving back 5ft. But it is now only 36ft instead of 43ft. We feel we have been misled and that we would NOT have moved back if it had been shown to us correctly.
Now here are my questions
1. Who is at fault here? My builder who guaranteed by email that I will get a certain backyard size based on original survey plot , or the survey company which my builder used?
2. I want to dispute this seriously as I feel cheated or misled to make wrong decision based on wrong information given to me. Now I lost a golden opportunity to have a good size backyard. Do I have a strong dispute case to put against my builder?
3. My builder has all their clauses which prohibit class action suits and other legal disputes in the contract. So if I have to fight them but still not loose my home , which type of lawyer should I approach?
4. The builder submitted the same survey to the city for permits. So in this case when I sell my home in future with that survey, I would land in the same situation as my builder. So how would I protect myself here, should I get an independent survey and dispute the builder
5. And in general, do I have a strong legal case against my builder and can I expect to be compensated financially for my land loss?
thanks
We are constructing a new home from a national reputed builder who shared us the original survey plot plan for our selected lot and how our home will be situated in that lot. We wanted to push back our home from the original placement and they agreed to push it back by 5ft.
After a few months into construction, I accidentally found out that the entire survey was incorrect and that my builder also conveyed incorrect information to me. From the original survey plot and my builder confirmed by email that I will be getting 43ft backyard size after moving back 5ft. But it is now only 36ft instead of 43ft. We feel we have been misled and that we would NOT have moved back if it had been shown to us correctly.
Now here are my questions
1. Who is at fault here? My builder who guaranteed by email that I will get a certain backyard size based on original survey plot , or the survey company which my builder used?
2. I want to dispute this seriously as I feel cheated or misled to make wrong decision based on wrong information given to me. Now I lost a golden opportunity to have a good size backyard. Do I have a strong dispute case to put against my builder?
3. My builder has all their clauses which prohibit class action suits and other legal disputes in the contract. So if I have to fight them but still not loose my home , which type of lawyer should I approach?
4. The builder submitted the same survey to the city for permits. So in this case when I sell my home in future with that survey, I would land in the same situation as my builder. So how would I protect myself here, should I get an independent survey and dispute the builder
5. And in general, do I have a strong legal case against my builder and can I expect to be compensated financially for my land loss?
thanks
Non-Performance and Breach: New Home Construction with Incorrect Survey Plot Plan
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