Legal Question in Real Estate Law in California
I own a commercial property in California and have been the owner of it for about 5 1/2 years. When I bought the property it had undergone a renovation about a year before I purchased it. (Closer to a year and a half actually) We were told all the work was done with proper permits within building codes. Now the City has come to me stating a mechanical (A/C) permit, a building permit for all new windows and doors, and an electrical permit for a new panel to include new outlets and fixtures were all never given final inspection. Not only does this contradict the information I was given when purchasing the property but shouldn't the City have figured this out before 7 years later? The City did say if I can come up with the paperwork to show it was done it is possible it never made the file? What can I do about this?
2 Answers from Attorneys
What caused the City to come to you at this late date? Figuring this out might provide a clue as to how to proceed at this point. I suppose you might try to determine who the contractor was, which should be shown on the permit applications, and discuss the final inspections with the contractor to see what its story is. Perhaps the contractor (or another contractor) can make the necessary final inspections even at this late date. That would be preferable to trying to sue the seller or his contractor at this late date, but if necessary you are within at least one statute of limitations (Code of Civil Procedure section 337.15) which might apply, and perhaps others if the work did not reach a point of "substantial completion". I think you'll be better off staying out of court and trying to rectify the situation with diplomacy and a contractor's assistance.
There's a difference between failing to get a permit and failing to have a a final inspection. If a final inspection is all that is needed, what is the problem?
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