The sellers are pre-selling residential lots in a planned development. Roads are not in but concept plan has been approved. Through the listing agent I made an offer on Lot 2 based on concept plan (dated October 2005) and a price list provided by seller. The offer was accepted and signed in December 2005 by seller.

In January, to my shock I received a proposed final concept plan (dated January 2006) that reduced my lot by half for a buyer of adjacent Lot 1 to increase lot size by the same amount taken from mine. This was the only change to the concept plan – no other lots were affected and no other changes made. The listing agent said this was in the works “for months” for Lot 1. While Lot 1 increased in size, it did not increase in price which should have been significant. This change/revision was never communicated to me during the many discussions I had with seller and realtor.

Lot 1 buyer had a signed contract before mine, but both our contracts were written non-descriptively for "Lot 1" and "Lot 2", respectively. Neither stated the exact measurements, acreage or any other descriptive characteristics. Realtor said Lot 1 contract has never been revised but Lot 1 was revised on the new map (which is dated after our contract). Is this allowed?

Seller has acknowledged to realtor this is bad business and offered to reduce sales price of Lot 2 for me. How generous :rolleyes: . I don’t want a reduced lot; I want what was represented to me and what they agreed to sell. I am not interested in only half of the lot. Does anyone know of similar situations and outcomes? What are the chances that this developer can change the concept plan to encroach on Lot 2 after it is under contract?

Consult a local Real Estate Attorney who will be able to tell you exactly what your options are. Make sure you still have all your original paperwork on concept1. Might be interesting to learn who has Lot1 and what their relationship to the developer is! Tell the developer you want your lot as depicted in concept 1 dated Oct. 05 as your contract is dated Dec. o5

Thank you! You are right; legal action is imminent considering the realtor and developer seem to be so indifferent to the situation (not so much as an apology).