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Seller failed to disclose a shared parking agreement with neighboring building

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M_Berger

Junior Member
What is the name of your state (only U.S. law)? Missouri

I entered in to a sale contract for a commercial/industrial building. The seller also owns a building next to the one I want to purchase. There is another building on the other side of the parking lot that is owned by a 3rd party. The seller disclosed and provided a Shared Parking & Easement Agreement between her building and the one i want to purchase. I reviewed it and decided to make an all cash offer, contingent upon my review and satisfaction of the agreement and all inspections. After my lawyer reviewed the agreement, she said that there was too much ambiguity and that I should meet with the seller to work out some of the details. While I waited for the seller to schedule a meeting date, I completed all of the inspections, including a very expensive Phase-1 Environmental Inspection. All within the review period. We finally had our meeting (a day before the end of the review period) and the seller produced a 2nd Shared Parking & Easement Agreement between her building, the building I am buying and the 3rd building. I was shocked! I asked why they didn't produce this 2nd agreement originally and when were they going to disclose it. If I had known that there was a 2nd agreement, I never would've submitted the contract in the first place. Dealing with 3 owners for lot maintenance etc. is just too much work.

After thinking about it for an hour or so, I cancelled the contract and they signed the Mutual Release. The next day, I collected all of my bills and sent a letter to the sellers agent requesting reimbursement of my expenses ($4,800) because of their concealment and non-disclosure of the 2nd agreement. They emailed me back and said that since they signed the Mutual Release, they are not liable for anything.

What do I do now? Do I have a case to file a lawsuit?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Missouri

I entered in to a sale contract for a commercial/industrial building. The seller also owns a building next to the one I want to purchase. There is another building on the other side of the parking lot that is owned by a 3rd party. The seller disclosed and provided a Shared Parking & Easement Agreement between her building and the one i want to purchase. I reviewed it and decided to make an all cash offer, contingent upon my review and satisfaction of the agreement and all inspections. After my lawyer reviewed the agreement, she said that there was too much ambiguity and that I should meet with the seller to work out some of the details. While I waited for the seller to schedule a meeting date, I completed all of the inspections, including a very expensive Phase-1 Environmental Inspection. All within the review period. We finally had our meeting (a day before the end of the review period) and the seller produced a 2nd Shared Parking & Easement Agreement between her building, the building I am buying and the 3rd building. I was shocked! I asked why they didn't produce this 2nd agreement originally and when were they going to disclose it. If I had known that there was a 2nd agreement, I never would've submitted the contract in the first place. Dealing with 3 owners for lot maintenance etc. is just too much work.

After thinking about it for an hour or so, I cancelled the contract and they signed the Mutual Release. The next day, I collected all of my bills and sent a letter to the sellers agent requesting reimbursement of my expenses ($4,800) because of their concealment and non-disclosure of the 2nd agreement. They emailed me back and said that since they signed the Mutual Release, they are not liable for anything.

What do I do now? Do I have a case to file a lawsuit?
You will need a local attorney to review the mutual release that you signed.
 

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