Legal Question in Real Estate Law in Indiana

My wife and I signed a contract with a builder for our new home. After we signed the contract when we went for the construction meeting we were told that there is an easement that runs through our property. If I had known that prior to signing the contract I would have never gone along with it. What do I do now. Am I allowed to break the contract and if so do I get my $ 22,000.00 of earnest money back.

Asked on 4/29/20, 6:03 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

You might not be able to get a refund of your money. It is generally held that the purchaser has the responsibility to determine easements or other particulars by way of ordering a preliminary title search and survey, which would have shown the easement.

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Answered on 5/01/20, 9:43 am

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