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A buyer once purchased a lot in the mountains, captivated by its breathtaking view of the city. The lot sloped downward from the street, adding to its unique appeal.
One day, the buyer visited the property, only to find that it had vanished. Continuous heavy rain from the previous weekend had softened the soil, causing the lot to erode completely.
Concerned, he consulted his contractors to assess whether building on the land was still possible and how much it would cost. The estimated expense was so high that walking away and cutting his losses seemed like the wiser choice.
Now, imagine if this happened to a pre-selling lot before or after turnover. Would the developer be obligated to refund the buyer if the land eroded?