My question involves real estate located in the State of: Texas
We recently purchased a townhome and less than 4 days afer closing, found out that one of the items in our contract, and the MAIN factor for purchasing the property, as in without it this would have been a deal breaker, was a lie. The seller, in her listing both "for sale by owner" and when listed through her agent, represented the townhome as a 2 car garage with one additional parking space at the alley. She stressed on numerous occasions that while the front townhome got the beautiful front entrance, ours had sole use of the alley parking. That when built only units 1 and 4 of the 4-plex would receive alley parking (these were the 3 beds the middle two units at 2 bed) but that the 2 spots were eventually narrowed to just one and she buying first, got the spot. After living there a year, she then rented out her unit for 3 years to the same individual who moved out just prior to us closing and always parked there.
This was a HUGE issue for us because the alley is way too narrow to logically get 2 cars into the garage and with and SUV and a large truck, it is impossible. The extra parking space became the sole reason we went with this, without it we never would have placed an offer much less closed. She used it on numerous occasions during negotiations as justification for her considerably higher price. It was also added into the contract and initialed by her. My husband even went as far as to call the HOA/builder to confirm what she said, making it very clear he was asking if it was exclusively to our unit alone. Answer was yes, so contract proceeded.
4 days after closing we find unit 3 (tenant not owner occupied) parking there. Needless to say she wasn't friendly. When discussed they called the landlord who called the HOA and an office manager woman there said it was first come first serve, not exclusive'never had been. We also heard from the tenant of unit 3 (who still parks there despite knowing the issue), that our sellers tenant tried to sell the space for $1500 and so she called her landlord then as well who said it was free to use for anyone..clearly before we closed and maybe even before a contract was on the unit. Needless to say we are livid right now and not sure how to proceed. Not having that space is causing our truck to park a block or more from our property since unit 3's tenant seems to park there all day every day and street parking is scarce, hence being a dealbreaker if it wasn't ours and ours alone. I'm beyond frustrated right now and not sure what our options are.
We recently purchased a townhome and less than 4 days afer closing, found out that one of the items in our contract, and the MAIN factor for purchasing the property, as in without it this would have been a deal breaker, was a lie. The seller, in her listing both "for sale by owner" and when listed through her agent, represented the townhome as a 2 car garage with one additional parking space at the alley. She stressed on numerous occasions that while the front townhome got the beautiful front entrance, ours had sole use of the alley parking. That when built only units 1 and 4 of the 4-plex would receive alley parking (these were the 3 beds the middle two units at 2 bed) but that the 2 spots were eventually narrowed to just one and she buying first, got the spot. After living there a year, she then rented out her unit for 3 years to the same individual who moved out just prior to us closing and always parked there.
This was a HUGE issue for us because the alley is way too narrow to logically get 2 cars into the garage and with and SUV and a large truck, it is impossible. The extra parking space became the sole reason we went with this, without it we never would have placed an offer much less closed. She used it on numerous occasions during negotiations as justification for her considerably higher price. It was also added into the contract and initialed by her. My husband even went as far as to call the HOA/builder to confirm what she said, making it very clear he was asking if it was exclusively to our unit alone. Answer was yes, so contract proceeded.
4 days after closing we find unit 3 (tenant not owner occupied) parking there. Needless to say she wasn't friendly. When discussed they called the landlord who called the HOA and an office manager woman there said it was first come first serve, not exclusive'never had been. We also heard from the tenant of unit 3 (who still parks there despite knowing the issue), that our sellers tenant tried to sell the space for $1500 and so she called her landlord then as well who said it was free to use for anyone..clearly before we closed and maybe even before a contract was on the unit. Needless to say we are livid right now and not sure how to proceed. Not having that space is causing our truck to park a block or more from our property since unit 3's tenant seems to park there all day every day and street parking is scarce, hence being a dealbreaker if it wasn't ours and ours alone. I'm beyond frustrated right now and not sure what our options are.
Execution of Deed: Fraudulent Inducement
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