Could a Seller Sue You for this after the Sale?

Question

I was talking with an owner, I will not end up buying from him for the record. But initially he said he doesn't want to sell to a developer who is going to alter the house or tear it down. I told him I am not a developer and it's for myself. (I wouldn't consider myself a developer, just a private investor. Obviously a matter of opinion.)

Anyways, but I am sort of bending the truth about my intentions with the home, I'd like to do major work and just resell it. So if I did successfully buy it, and the owner spotted it on the market a year later torn down or altered, can he sue me for lying about my intentions? For Duping/misleading?

Thanks

Jeff B. · Answer

There are promises which are unenforceable. Your intent would be such a thing IMO (unqualified comment). The seller can not restrict you from changing the entire floor plan. If he's so attached to the place, he needs to avoid selling it.

Russell Brazil · Answer

In Maryland, DC and Virginia as part of the regional standard contract we use here you have to let the seller know if you intend to occupy the property or not. Now if there is recourse if you say you will and do not I do not know, but we do have to let them know.

Joseph King · Answer

The way I see it you own the property you do as you please as long as your city allows and doesn't involve another person's property.

Ryan Matthews · Answer

Once you own the home you're free to do anything you damn well please. There are of course exceptions to this including easements, CC&Rs, historical district restrictions, etc. But there is nothing fraudulent or illegal about you verbally declaring an intention to the seller (not the lender) and then changing your mind down the road. No probable recourse coming from the seller in my opinion. (I am not a lawyer).

Matthew Newcomer · Answer

The only time I've ever seen something like this where no changes are allowed after the sale is when there is an easement on the recorded title of the property, which could be perpetual based on the type, such as a conservation easement. But in this case, after the seller is no longer the owner of record and no such agreement exists on paper or on the contract of sale, he doesn't have any say in the matter. As people have stated above, this isn't a legal opinion, just my thoughts / experience. Good luck!

Kurt Gardner · Answer

As long as you are not committing any mortgage fraud regarding occupancy or violating any municipal ordinances, once you own the property, I cannot see how he can keep any interest in the property other than nostalgic.

If he would like to remain in any control of the property, he will have to remain on the deed.

What if you required special access due to some accident and retro-fitted the entire house for wheelchair access?

What if you were suddenly relocated with your job and turned over the property to an investor?

What if you just wanted more open space and hated the exterior paint?

In typical contracts, the seller has three days to cxl the deal for any reason, and also asserts that they are not under any duress when agreeing to the terms spelled out in the deal...if it is not written into the contract, it is probably not enforceable...

You said you're not buying from him, but if you did, I'd speculatively say he has no call once he hands you the keys.

Mike Miller · Answer

Hmm, interesting. I dont know if that exists in California.

Even if it doesn't exist in CA, as absurd as it sounds since it's now my property, and the seller got a good amount for it, Im afraid they may claim I misled them in order to convince them to sell, and they wouldn't have otherwise sold to me. Turns into some civil court mess, maybe not though.....

Could a Seller Sue You for this after the Sale?

Could a Seller Sue You for this after the Sale?

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