I bought a home, barn, on horse property (5.19 acres) as listed and signed off on a contract. After I moved in I find out I had 4.75 acres accidentally to my surprise. A survey was provided but no one asked or checked to see if it was 5.19 acres and it did not stipulate 5.19 acres on it--just 400x 100, etc. etc. showing boundaries, the usual. The survey is correct--exact with courthouse. However, my attorney did not catch it and could not do anything about it after the fact. The sellers had no response--and said you had a survey. Am I stuck eating the loss after the fact? Is this a live and learn deal?

This is almost identical to what happened to me back in 1986. My wife and I bought 3.7 acres (we were told), did the survey, and bought the property in good faith. Then we found out it was only 3.0 acres. We sued the seller and listing agent, but lost, because like you we had a survey, although it did not list the acreage, just meets and bounds. The judge ruled that the survey controls the property being bought, not the MLS write up or other advertising. Maybe you would have better luck if your contract actually states the acreage that you bought. I thought we should get something for the real estate agent's negligence - the exact acreage of the lot was on file at the county clerk's office for tax purposes, so either our agent or the listing agent should have caught the seller's fib. Lesson learned - do your own homework.

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Originally Posted by JCISLO

I bought a home, barn, on horse property (5.19 acres) as listed and signed off on a contract. After I moved in I find out I had 4.75 acres accidentally to my surprise. A survey was provided but no one asked or checked to see if it was 5.19 acres and it did not stipulate 5.19 acres on it--just 400x 100, etc. etc. showing boundaries, the usual. The survey is correct--exact with courthouse. However, my attorney did not catch it and could not do anything about it after the fact. The sellers had no response--and said you had a survey. Am I stuck eating the loss after the fact? Is this a live and learn deal?

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This comes back on your Attorney - "not catching it" is malpractice. Of course, the quesiton will be your monetary loss. How much did you pay for the LAND, how much per acre, what does the "lost" property work out to.