Legal Question in Real Estate Law in California

I bought a home 18 months ago and am doing some work on the house. During the renovations, we found out that the previous owners did not get permits for work they complete (disclosures said they had permits). Due to the lack of permits we had to do extra work on the house. What recourse can we take? We ended up spening a lot of extra money for this additional work.


Asked on 12/14/09, 6:37 pm

1 Answer from Attorneys

That is a classic violation of both the statutory disclosure requirements and the common law duty to disclose any facts materially affecting the value of the property. Assuming you had no knowledge or reason to believe that there was any unpermitted work, you have a cause of action against the seller, and possibly one or both agents in the transaction. Depending on which of the standard real estate forms your agent used and how they were completed, you may also have the right to recover any attorneys fees you incur in dealing with this. I have litigated or mediated dozens of cases exactly like this, including one that wrapped up successfully just last month in San Francisco County. I have office facilities in Oakland and would be happy to meet with you to discuss the details of your situation and your options. My initial consultations are at no cost and without obligation.

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Answered on 12/19/09, 10:30 pm


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