We are currently under contract for a property (a duplex). We went under contract on 11/25, and last week (12/17) we learned that the survey for our lot has been changed.
Before going under contract we requested to see the Survey for the property, and we were told that there was a new Survey being made, and that they would show it to us once it was ready. We were never told that the new survey was gonna include changes on the lot (we are first time home buyers, so we really thought she didn’t have the survey printed or available at the moment and they were just getting it available or whatever).
The contract we originally signed lists the lot that was on the original survey (not the reworked one). The reworked survey takes lots of square footage off from us and gives it to the owners of the other half of the duplex, taking away from us our two parking spots. Seller claims there’s a Shared Wall agreement that’s says we will have two parking spots, but we want it to show on the Survey not on a party wall agreement.
We don’t understand how is it legal for the seller (who’s also the RE agent) to give us something different than what was agreed on contract at first.
It is legal because if the survey indicates a discrepancy from the original survey it would be fraud not to provide it. It is not bait and switch. It is part of the process that can be part of any sale.
If this is a standard form contract, you should have ample time to provide notice to terminate the contract if you don't like the updated property. Review the contract very carefully and get legal advice. A broker is not a lawyer.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
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