Developer in subdivision lied to us about house going up next door. What if any legal action can I take?

He said the house would be a "mini cape cod" %26amp; it's a giant 4 bedroom monster TWENTY FEET away from my house. Not one house in this entire subdivison is on top of the other house like this!! It also has a window looking directly down into my house. This is the last house going into this subdivsion and he seems to be trying to outdo himself. I cry daily. We just bought this house. I have left messages for him asking if there is anything he can do about that window looking down into my house %26amp; he has not returned my calls. Is there anything legal I can do?

Developer in subdivision lied to us about house going up next door. What if any legal action can I take?
I'll bet you did NOT get the "Mini Cape Cod" and all it's nonsense in WRITING.





The developers will promise all kinds of thing VERBALLY.





If you are smart enough to ask them to put it in writing, that's when you get the true story of what's really going on.





This is the danger of NOT having a Realtor negotiate with you when you go into a development.





The statute of frauds clearly says all agreements need to be in writing.





I feel for you and hear your story over and over again about a buyer "Going it alone" against a developer and losing big time.





Terry S.
Reply:That is terrible. I am sorry to hear that. Typically a builder (developer) will state somewhere in an addendum or in the contract itself, that they reserve the right to alter, change, add or delete floor plans without notice. Your should refer back to your paper work. Also if they lied in writing...you may have something to work with, if not it may be he said, she said case that will drag on. In any case it may be best to consult a real estate attorney if you feel you have a solid case.Good luck!
Reply:if the city or county approved the zoning there is little you can do, unless you can prove he is building with out the proper setsbacks and sq footage for the lot
Reply:It might have been the owners that have changed the blueprints.





Only an attorney can help you, better see one Monday morning.





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Reply:I feel for you, that is really sucks. And it makes it even worse that the developer is not willing to talk to you. Most likely you will not be able to take legal actions, a clause in the contract you signed might give him the freedom to change his mind. I assume that you did not put into the contract that you only purchase this home under the condition that the house next door is the promised "mini cape cod".


Try to talk to the developer (or sales person) in person, not by phone. Explain to them that you are understandable very unhappy and ask them if they can offer you any solution. Tell them that it should be their goal (for their reputation and future business) that every residence in the development should be happy, since they know other people which could be future buyers. It is very hard to buid a good reputation and very easy to loose. If he is a good developer (or salesperson)they will know that and try to find a solution you can live with.





If this does not work, try to talk to your new neighbor and see if he/she is willing to do something about the window. Be very nice and friendly about it, It is not your new neighbors fault but he might be understanding and try to fix the problem. At least to be a good neighbor.





I hope you find a good solution for your problem and be the happy new home owner you deseve to be (: