Legal Question in Real Estate Law in California

No permit for Indoor BBQ and wet bar

i got a violation for no permit on indoor bbq pit and wet bar in family room addition. i bought house in 1990. it was said to be permitted (addition). i got original permit. on the inspections column, it doesnt have anything signed off for plumbing. on the bottom it has a note, 11/30/1970 REJ final due to wood hood over BBQ. on inspections column it has FINAL inspection OK dated 2/17/71. On the house for sale flyer (i saved it, it has wet bar and built in BBQ for remarks on property, so it basically came with the house. The building code says I am responsible. however, is there any way i can get reimbursed by the real estate agent for failure to disclose? thanks, Derek


Asked on 7/16/08, 1:37 am

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: No permit for Indoor BBQ and wet bar

Maybe. If the improvements are not permitted and this was not disclosed, the seller and maybe his agent might be laible. But you bought the house in 1990, that's 18 years ago. The claim is stale and more than likely barred by the statute of limitations since you are charged with notice of the state of the permitting.

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Answered on 7/19/08, 3:27 pm


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