Do I have any legal recourse?

[brolfe]

What is the name of your state? Wisconsin
We purchased a lot last year and found out afterwards that it was too small to accommodate the home we were trying to build. Neighbors told us this was supposedly a lot that was "unbuildable". With the required setbacks from the community, our home would have to be built adjacent to the drainage ditch that runs the length of the subdivision, leaving us no backyard at all, and a house sitting in a wooded, mosquito-infested drainage ditch. For several thousand $$$ we were able to cover the ditch, cut down trees and bushes and make somewhat of a yard for ourselves. Because of the setbacks we had to modify our home and build a smaller one than we needed and wanted, and now find we can have no deck either (setback rules). The contract from the realtor for the lot simply stated to "make sure the house will fit on the lot". I tried to make the salesperson from the builder check into these details for me and he refused several times saying, "It fits. What do you people want from me? It FITS". Well, after all paperwork was signed, they suddenly "discovered" the house would not fit and then our troubles began. This unsuitable for building lot has cost us thousands of dollars that we did not plan for. We could have bought a premium lot elsewhere for what this has cost us. And we were not informed of setback regulations that made any option for making what we have nicer impossible. The neighbors were supposedly "told" that this lot would stay vacant as no house could fit on it with the subdivision rules of square footage, etc., so they are angry at us for even being here and have ostracized us. They are angry we have had to interrupt the backyard treeline in order for our house to fit there and figure we are in nonconformity with all the subdivision rules and regulations. We are unhappy with our "dream house" and have not been welcomed into this neighborhood and are very unhappy here now as a result. Do we have any legal recourse with someone "dropping the ball" with us along the way when we tried to have things checked out properly and they refused?

Losing sleep in Milwaukee.

 

[damnhill]

Sorry to hear about your situation. I am the poster of "leaking windows in brick wall" and feel your pain; we've been twice victims of realtors, home inspectors, building inspectors, and others not doing their job.

Soon as our repairs are made and our two years are up (in order to avoid capitol gains tax)we're out of this state, not that this stuff doesn't happen anywhere else... but at least my taxes and health care costs will be lower, and I will be able to find more than TWO exclusive buyer agents....

*sigh* you're not alone in having your dream ruined. Ours was twice.... good luck to you. I started out with a positive attitude and pictures in hand but it's turning out to be less of a headache to just bend over and pay for it again and learn this time not to trust all the "professionals" in the real estate/building industry here. Used to be that 20 years ago, Wisconsin was known for having the most honest people in the country (true fact), sadly, I find that hard to believe nowadays.

 

[HomeGuru]

What is the name of your state? Wisconsin
We purchased a lot last year and found out afterwards that it was too small to accommodate the home we were trying to build. Neighbors told us this was supposedly a lot that was "unbuildable". With the required setbacks from the community, our home would have to be built adjacent to the drainage ditch that runs the length of the subdivision, leaving us no backyard at all, and a house sitting in a wooded, mosquito-infested drainage ditch. For several thousand $$$ we were able to cover the ditch, cut down trees and bushes and make somewhat of a yard for ourselves. Because of the setbacks we had to modify our home and build a smaller one than we needed and wanted, and now find we can have no deck either (setback rules). The contract from the realtor for the lot simply stated to "make sure the house will fit on the lot". I tried to make the salesperson from the builder check into these details for me and he refused several times saying, "It fits. What do you people want from me? It FITS". Well, after all paperwork was signed, they suddenly "discovered" the house would not fit and then our troubles began. This unsuitable for building lot has cost us thousands of dollars that we did not plan for. We could have bought a premium lot elsewhere for what this has cost us. And we were not informed of setback regulations that made any option for making what we have nicer impossible. The neighbors were supposedly "told" that this lot would stay vacant as no house could fit on it with the subdivision rules of square footage, etc., so they are angry at us for even being here and have ostracized us. They are angry we have had to interrupt the backyard treeline in order for our house to fit there and figure we are in nonconformity with all the subdivision rules and regulations. We are unhappy with our "dream house" and have not been welcomed into this neighborhood and are very unhappy here now as a result. Do we have any legal recourse with someone "dropping the ball" with us along the way when we tried to have things checked out properly and they refused?

Losing sleep in Milwaukee.

**A: read your first sentence. You purchased a lot and found out afterwards... That says it all. If you conducted proper due diligence, you would have found out all the pertinent information before closing and terminated the transaction. You should have prior to closing; reviewed all local building and zoning codes, reviewed the survey, hired an architect to confirm that your home could be built on the lot, reviewed the title report, reviewed the CC&R's, talked to your neighbors.........Why do I get the feeling that you did not hire your own real estate agent or attorney?

 

[brolfe]

How does a "rookie" know these codes and things even exist? We worked with our builder and his "team" of "players" and nobody gave us any of this information. Anytime I asked a question we were told everything was "fine". I hired an attorney who did absolutely nothing for us except charge us money and not do what he promised to do such as call the builders and write a letter to them. He said basically there was nothing that could be done as we would have "everyone suing" us. There were no neighbors when we built in our immediate area -- they were all vacant lots waiting to be built.

Finally, this is an established, zoned and developed subdivision in town. Would it be incorrect to assume that any lots for sale would be big enough to accommodate a house, and that said house would include a yard in front, sides and back? How could they legally market a lot that would be so deficient and not disclose this to a buyer?

 

[HomeGuru]

How does a "rookie" know these codes and things even exist? We worked with our builder and his "team" of "players" and nobody gave us any of this information. Anytime I asked a question we were told everything was "fine". I hired an attorney who did absolutely nothing for us except charge us money and not do what he promised to do such as call the builders and write a letter to them. He said basically there was nothing that could be done as we would have "everyone suing" us. There were no neighbors when we built in our immediate area -- they were all vacant lots waiting to be built.

Finally, this is an established, zoned and developed subdivision in town. Would it be incorrect to assume that any lots for sale would be big enough to accommodate a house, and that said house would include a yard in front, sides and back? How could they legally market a lot that would be so deficient and not disclose this to a buyer?

**A: did you have your own real estate agent and/or real estate attorney?

 

[brolfe]

We bought the lot through a realtor that we had contacted, so basically Yes to your first question. She told us nothing about rules and regulations of this community and what we were facing. We didn't know such stuff existed. We built a home 20 years ago and never had any such things as "setbacks", etc., to follow. The building inspector never showed up to check out anything and as far as I know, we never even got an occupancy permit. It was all so casual. It seems nowadays that you can't trust people to do their jobs and guide you. We didn't hire an attorney until after the lot was purchased and we had signed contracts with the builder. When things started "smelling bad" we hired him and then he said he could do nothing. Now he says MAYBE we have some recourse, but "it's not a slam dunk". There are a lot of variables. It just seems as though several people dropped the ball everywhere and we are paying for it.

As regards to having an attorney from the get-go, a classmate of mine is an attorney from a prestigous school in Milwaukee and he always declined to represent us in the past because "the bank is on the hook for their money" and he said he trusted all transactions to be on the up and up. So I think we have been the victims of poor advice all the way around and it just doesn't seem fair. (Don't tell me that life isn't fair or I'll scream!) LOL

 

[HomeGuru]

We bought the lot through a realtor that we had contacted, so basically Yes to your first question. She told us nothing about rules and regulations of this community and what we were facing. We didn't know such stuff existed. We built a home 20 years ago and never had any such things as "setbacks", etc., to follow. The building inspector never showed up to check out anything and as far as I know, we never even got an occupancy permit. It was all so casual. It seems nowadays that you can't trust people to do their jobs and guide you. We didn't hire an attorney until after the lot was purchased and we had signed contracts with the builder. When things started "smelling bad" we hired him and then he said he could do nothing. Now he says MAYBE we have some recourse, but "it's not a slam dunk". There are a lot of variables. It just seems as though several people dropped the ball everywhere and we are paying for it.

As regards to having an attorney from the get-go, a classmate of mine is an attorney from a prestigous school in Milwaukee and he always declined to represent us in the past because "the bank is on the hook for their money" and he said he trusted all transactions to be on the up and up. So I think we have been the victims of poor advice all the way around and it just doesn't seem fair. (Don't tell me that life isn't fair or I'll scream!) LOL

**A: I agree with you.

 

[lwpat]

Go ahead and scream, we won't mind.

 

[HomeGuru]

Yes, just do it out in the woods.

 

[brolfe]

These replies have been disappointing to say the least and completely unhelpful and unsympathetic. Sorry I wasted my time on this forum.

 

[HomeGuru]

Sorry you felt that way. What do you want us to do for you? We can't turn back the time.