Legal Question in Real Estate Law in New Jersey

Breach of contact

After going back and forth with a building, and surffering through a bate and switch, we finally had a singed contract. Now he is saying that he can't build my home becasue of a setback law that came into effect after he bought the land. He had already submitted his intent to the Township before the setback law changed. I am now told by the RealEstae Agent the the builder is not going to build my home, and he is not going to try to get Grndfathered in in order to do so. I have not hearad from the bulder and the Real Estate has pulled thier sales trailer from the site. Can I make him ( the Contractor) pay the difference from what I was to pay him and the difference it will take to build a compairable home on a different lot?Plese tell me what I can do.

Asked on 10/01/06, 7:47 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Breach of contact

You are exactly on the right track. You can't make the developer build the house, but you may be entitled to the benefit of the contract measured by your economic loss. With that in mind, if you don't already do so, you should begin keeping careful track of all of your expenses for shelter and moving and continue doing that until your lawyer says to stop. You or your lawyer should also ensure that there is a written record of anything that the builder says or does regarding contract performance.

The other half of your claim is to prove liability on the part of the builder. Nothing firm can be said about this without reading a copy of the contract of sale and knowing exactly what setback requirements are imposed and when that happened. I am close to Williamstown and have done several real property transactions there. I am not aware of any recent changes to the land use regulations there although without checking, I can't say for sure that there haven't been any. I am suspicious thought that there may have been some oversight on the part of the builder and you are not getting the full story. Even if there is no real fault on the part of the builder, you may still be entitled to compensation depending on exactly what happened and when.

If you have a lawyer for this transaction, you should definitely call. If you are not represented, I would be willing to look over your contract at no cost to you to see if it gives a clearer answer. You can contact me using the information associated with this message.

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Answered on 10/01/06, 10:04 pm

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