Legal advice; land dispute

me32

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its pretty obvious what happened

the property obviously wasnt sub divided before sale

you have to sue your real estate lawyor for the losses as its their mistake. The property is gone happens all the time.
Bingo. Didnt read the contract before finalizing.
 

dynasty_v6

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There's two important issues here; what does the deed read, and who drafted it? Everything else flows from there.
Deed for entire property is in their name. I believe the title company would have drafted.

Interestingly enough, the buyer did not try to use the deed warranty for legal defence.
 

dynasty_v6

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its pretty obvious what happened

the property obviously wasnt sub divided before sale

you have to sue your real estate lawyor for the losses as its their mistake. The property is gone happens all the time.
It wasn't, supposedly in Minnesota the property does not need to be divided before sale. I don't think the property is gone, neither of the other parties using that for their strategy.
 

decipha

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So your saying anyone can go to the court house and sub divide and assign an owner to any property without legally owning that property?
 

SID297

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Deed for entire property is in their name. I believe the title company would have drafted.

Interestingly enough, the buyer did not try to use the deed warranty for legal defence.

I'd forget trying to get the land from the buyers, unless you absolutely must have the land back. I'd start by suing the drafter of the deed and whoever my representative in the transaction was for damages (which will likely be based on the value of the lot at the time of closing). Get an actual lawyer that is only representing you. I suggest calling the state bar association and asking for a recommendation for a firm that handles a lot of professional malpractice cases.
 

dynasty_v6

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I'd forget trying to get the land from the buyers, unless you absolutely must have the land back. I'd start by suing the drafter of the deed and whoever my representative in the transaction was for damages (which will likely be based on the value of the lot at the time of closing). Get an actual lawyer that is only representing you. I suggest calling the state bar association and asking for a recommendation for a firm that handles a lot of professional malpractice cases.
I appreciate your input, unfortunately without the legal fees recovered and the land possibly appraising for less than value, this would be a worse deal than the current settlement agreement.
 

SID297

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I appreciate your input, unfortunately without the legal fees recovered and the land possibly appraising for less than value, this would be a worse deal than the current settlement agreement.

You legal fees should be covered by the party who improperly drafted the deed. Your damages are based on the value of the land at the time of the original closing, not its value now.
 

wizbangdoodle

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Was the real estate agent from a large firm like Remax or something like that? If so, their legal team should be handling this for you.
What it really comes down to is, what it says on paper. Was the acreage mentioned on the purchase and sell agreement? Specifically 4 acres, or is it ambiguous?

Your government is lying to you
 

decipha

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No, the difference is the purchase agreement in this case.
Sorry to break it to you bro but a purchase agreement is nothing more than a piece of paper. Unless all parties signed and notarized it before witnesses its absolutely useless.

Thats like going to a dealership with one and trying to drive off the lot.

It doesnt even mean they purchased it.
 

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