Disclosure - Posted by Fred

Posted by Max-Va on January 13, 2008 at 19:16:12:

What are you damages?

Disclosure - Posted by Fred

Posted by Fred on January 09, 2008 at 11:20:24:

I recently purchased my first home in Georgia and since found that the county is widening the road in front of my house. The county will not be taking any of my property, but they have a permanent construction easement and a permanent drainage easement on my property.
None of this was disclosed by the seller.
Do I have any retribution against the seller?

Thanks
Fred

“Retribution” ? Alas, not in our system - Posted by John Merchant

Posted by John Merchant on January 11, 2008 at 17:03:41:

It took me a while to realize what was wrong with your question but then it did finally come to me.

Alas, under our civilized system, plain old fashioned “retribution” (gettin’ even by giving the jerk what he really deserves) just ain’t allowed.

Restitution, yes; retribution, no.

Of course it’s sometime just not as satisfying as knocking the daylights out of him, but remember we’re allegedly civilized and don’t do things that way. :wink:

And of course, as a Christian I’m commanded to turn the other cheek but this isn’t my natural inclination and I’ve gotta constantly fight my sinful self.

Two issues re undisclosed easements - Posted by John Merchant

Posted by John Merchant on January 11, 2008 at 15:29:55:

First, as Rich says, you’d need to prove Seller knew of this but didn’t tell you.

Second,you’d have to prove you’ve been damaged by these undisclosed easements.

If you couldn’t proved any loss of value to your property by those undisclosed easements, you’d have no damages to recoup and no real action against Seller.

Re: Disclosure - Posted by Rich-CA

Posted by Rich-CA on January 10, 2008 at 09:56:59:

Do you have any way to know if the seller knew about this before the sale? That is what you have to PROVE if you go to court over this.

Re: - Posted by Fred

Posted by Fred on January 12, 2008 at 08:04:21:

I posted retribution but was thinking restitution, which is better than posting restitution but thinking
retribution.
Thanks for the advice great site

Re: Disclosure - Posted by Fred

Posted by Fred on January 10, 2008 at 12:47:37:

No. I am going to contact the County and see if they notified the seller of their plans.
thanks