do we have legal action for a land contract?

me and my wife bought six acres in smith county TN we bought the land from the owner/agent it was sold to me as unrestricted and we started going at it bought a mobile home and had it moved on the land we did all the permits needed by the county the owner/agent called me a couple of days ago and told me that he just found out the land was restricted and i can’t put a single wide mobile on the lot all totaled i am out about sixteen thousand dollars and have no place to move my mobile home the owner/agent said "he would make it right"but now he is trying to sell me another piece of land that we don’t want i don’t know what to do

4 Responses to “do we have legal action for a land contract?”

  1. guy1000001 Says:

    if you don’t know land law in Tennessee you need to get a lawyer and find out what you have gotten yourself into.
    restrictions show up on title work. a title search and abstract or warranty deed should have been placed in escrow with the title company at the closing of the contract.
    also if all party’s agree the deed restrictions can be removed.
    all party’s mean all land owners affected by the restricted plat or subdivision that fall under the restriction.
    if the county or local authorities issued permits and your home is already there their must be no local restriction on single wide homes.
    review the paperwork and determine if full disclosure was made at sale.
    if full disclosure was not made at sale get a lawyer and sue the broker.
    sue for full refund of the amount and for ALL cost and fees associated
    with getting the lawyer and moving the trailer in and out.
    YOU Have possession of the land under the contract.
    LIVE THERE UNTIL THE SUIT IS SETTELED
    setteled means you have been paid damages and have money in hand
    do not trust this guy.
    do not get a local lawyer go to a larger nearby town and do not trust him either.
    either way have a lawyer review the paperwork from the sale and make sure you have clear title.
    my replys are based on michigan law and the law varies by state

  2. laughter_every_day Says:

    If you relied on the seller instead of researching the restrictions yourself or hiring a lawyer, then you are a fool. If you don’t want the land now and they are offering to let you out of the deal, that is more generous than the seller needs to be.

  3. Richard Says:

    You did have a lawyer look over the papers right? If you did have the lawyer clean up the mess. If not do you have it in writing that the land is unrestricted? If not then you’re at his mercy, if he’s willing to make it right, he should take the land he sold you back and let you put that money down on a property that would let you put a mobile home on.

    But is the land restricted? If the county didn’t have a problem with the mobile home, who does? You need to find out what the restriction is and who has the power to restrict you from a single wide on the property.

    This would be a good time to talk to a lawyer.

  4. George Says:

    Most likely, yes, you do have a legal action. However, to be sure, you need to consult an attorney in TN. Go here: http://lawyers.findlaw.com/lawyer/state/Tennessee and find an attorney in your area that deals with "Real Estate Law."

    For you to have any recourse, the deed that transfered the property to you needs to be general warrant deed. This type of deed, in layman’s terms, puts the ball in the seller’s court if there is a problem like the one you described. If the deed does not contain a general warrant, then you might not have an easy recourse through property law. There still, however, might be a contract type recourse, such as fraud, but the remedy that you would get in such a situation would likely only be monetary damages.

    Once again, please consult an attorney in your area.