Legal Question in Real Estate Law in California
Purchased a home with a barn that we rent out. Seller's disclosures states: "Dunn barn has upstairs and is finished, can occupy and it is legal if owner resides on property..." We have a renter... we live on property in main house...City wants us to pay $15,000+ for proper permit. City tells us this disclosure is flat out wrong. We are contemplating small claims court but not sure...
1 Answer from Attorneys
A possible weakness in your proposed case might involve the interpretation of the phrase "can occupy and is legal...." The words don't seem to claim that the space in the barn can be rented out as a separate dwelling unit, but only that the space can be occupied (whatever that means). You might ask the city to clarify whether the space can or cannot be "occupied" in any sense of the word without the permit. Also, keep in mind that small claims has a $7,500 ceiling on claims.
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