Property Misrepresentation Legal Concerns

Summary

Misrepresentation in property sales can occur if false information influenced your purchase. In Georgia, a home is typically considered new construction if it hasnt been lived in, but warranty laws apply from completion. If the seller falsely represented themselves in the warranty, it could be a breach of contract. The seller signing the warranty documents might constitute a breach, especially if they misrepresented their authority. Even if the seller signed by mistake, it doesnt negate potential breach or misrepresentation. Consulting a lawyer can provide clarity on your specific situation.

Full Conversation

I purchased property described as new construction. The seller however, was not the builder. It was not disclosed that the initial 1 year warranty was expired. Also, to ensure protection, we provided a mandatory 1year builders warranty that was required to finance the property. The seller, who was not supposed to sign it, signed it instead of the builder. The document clearly stated "I represent in all instances that I am warrantying the work, and I fully represent this document". So I am in the issue of there are issues with the home and I am unsure if it was falsely represented as new construction, and if the misrepresentation on the legal warranty document could bring a case against the seller?
It sounds like you might have a case for misrepresentation or breach of contract. Here are some points to consider:
- Misrepresentation occurs if false information influenced your purchase.
- The seller signing the warranty could indicate liability.
- Review your purchase agreement and warranty details.
Would you like to connect with a local lawyer to discuss this further?
So could representing the home as new construction, be incorrect? I am the first person to live in the home, but the new construction warranty laws started on the date the home was finished, since the seller is not the builder in this case.
In Georgia, misrepresentation might occur if the seller provided false information about the home's status. Here are a few points to consider:
- A home is typically considered new construction if it hasn't been lived in, but warranty laws apply from completion.
- If the seller falsely represented themselves in the warranty, it could be a breach of contract.
Would you like to connect with a local lawyer to discuss this further?
So with the seller signing the warranty documents, this could be a breach of contract even if they are not liable for the warrantied items since they did not build it?
Case Rating: *
Yes, the seller signing the warranty documents might constitute a breach of contract, especially if they misrepresented their authority or responsibility. The key factor is whether the false representation influenced your purchase decision. Consulting a lawyer can provide clarity on your specific situation. Would you like to connect with a local lawyer to discuss this further?
What if it was a mistake? The seller didn't know he signed it, and I believe he signed it without reading the document.
Case Rating: *
If the seller signed the document by mistake, it might affect their liability, but it doesn't negate the potential breach of contract or misrepresentation. Intent is crucial, but the impact on your purchase decision remains significant. It's advisable to consult a lawyer to explore your options. Would you like to connect with a local lawyer to discuss this further?