Real Estate Fraud - How do we know how much to ask for?

We recently purchased a townhouse with a beautiful fenced back yard. The seller's disclosure states that the property lines are marked by the fences & that the fences belong to us. The fenced yard was a HUGE selling point for us with this property.

However, we have recently discovered that we actually own 3 ft of land surrounding our townhouse -- the yard is actually part of our HOA. In addition, the HOA is removing the fence which puts us in a hard spot (we just got a new puppy!).

We have been informed by a lawyer (through our real estate agent) that this is fraud. The relocation company that sold us the house didn't perform due dilligence & we have solid grounds for a lawsuit.

How much can we sue for? How can we find out how what is the reasonable/correct amount?

Just to add some details, the owner was aware of the property lines & the issues with the HOA. We have an email trail (provided by the HOA) between the owner & them in regards to property lines & the fence issue. All of this started prior to the seller's disclosure being filled out & signed.

Our real estate agents contacted the HOA prior to us closing on the house & none of this information was divulged then, either.

Usually the land that a house is on is more valuable than the house. That is particularly true with townhomes. I think you should get an attorney to represent you. You would appear to have significant damages -- perhaps from more than one defendant.

I"d say the easy and fair way would be to look up on your appraisal or county tax to find out what figure they use to determine your taxes for structures and property.
Measure the property (the way it was) then determine the percentage of what it was shrunk to. After you have a percentage, that should be the starting point. But then you might be able to add to it due to the fraud.
GL

I would say that you will get a minimal settlement if any at all. It will be hard to prove that they KNEW that the other land want included, and just flat out lied about it. You big-est hurdle will be explaining to a judge why you didn't do your due diligence and have a survey done. If the yard was so important to you, you should have investigated further.
Sorry, but I would say you wont win much, in anything at all.

Ask for the cost of the house, the cost of moving, the cost of switching all your services... and a little bit thrown on top for your inconvenience!
The house is no longer at all what you had wanted initially... let them buy you out and find one that is fenced...

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