Roof overhanging on lot next door

Daebrooke · Nov 10, 2004

What is the name of your state? Texas
Supposed to close 11/15/04.. Just received survey and found out roof of house is overhanging on empty lot next door. By about 1 to 2 feet. House is on a small lot, and realtor says this is common. Seller did not put this info on the disclosure form. We are going to back out of this, will we be able to get our earnest money back?

HomeGuru · Nov 10, 2004

Daebrooke said:
What is the name of your state? Texas
Supposed to close 11/15/04.. Just received survey and found out roof of house is overhanging on empty lot next door. By about 1 to 2 feet. House is on a small lot, and realtor says this is common. Seller did not put this info on the disclosure form. We are going to back out of this, will we be able to get our earnest money back?

**A: it depends on the terms and conditions in the contract. It appears that the encroachment condition is a building and zoning code vioation.

Ciarraine · Nov 10, 2004

Not to mention there's the inability of the sellers to convey clear title. I'd say you have a strong case.

Roof overhanging on lot next door

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