Hi, we recently put a deposit on a new construction with the builder for our first home. However more we found out about the land, there is a drainage eastment on the back and even the house next door has been sold back to the builder. How can we get our deposit back. Builder is saying he can only give our deposit back if we are going to another house with him.
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Was this a contracting transaction or a real estate transaction?
Real estate transaction.
Free advice is worth exactly what you paid for it. You need to see an attorney. There are complex issues to be considered and there is an abundance of case law on the subject. Disclosure, extent of the Easement, its restrictions on the enjoyment of your property (ability to build outbuildings, pools), etc. It may or may not require the attorney to do some case law research on your particular situation. Good luck.
Also, make sure you get an attorney that specializes in real estate law.