Real Estate Misrepresentation Case Requires Evidence and Damages

 Real Estate Misrepresentation Case Requires Evidence and Damages

  Question: We purchased our home in North Peoria two years ago.  At that time, the developer’s sales agent told us that because of water runoff problems, the beautiful desert immediately beyond our backyard would never be developed.  The view from our backyard of this beautiful desert was the main reason that we purchased our home.  The developer is now building a culvert to channel the water runoff and, after this culvert is completed, the developer will be building homes in the area beyond our backyard.  The developer’s sales agent is no longer employed there, and the developer denies any liability. Do we have any claim against the developer?

  Answer: In order to determine if you have a claim against the developer you will need evidence supporting your claim that the developer, through the sales agent, made a fraudulent misrepresentation. You should first review any written documents from the developer, e.g., sales brochures or the subdivision public report, regarding the desert land beyond your backyard.  If there were no written misrepresentations by the developer, you should contact your neighbors to see if they were told anything about this beautiful desert beyond your backyard.  You will need written documents, affidavits of neighbors, or other evidence to support your misrepresentation claim.

  If you have a misrepresentation claim, you will need to determine the amount of your damages from this misrepresentation.  The best way to determine the amount of your damages from the misrepresentation is to have “before and after” appraisals from at least two appraisers showing the loss in value of your North Peoria home after the beautiful desert beyond your backyard is developed with new homes.