Legal Question in Real Estate Law in California

Re: Purchased house that didn't have certificate of occupancy

You may have a fraud action against seller and the realtor here for significant damages, possibly much more than a small claims judgment. If you are happy with a maximum of $5,000, then stay in SC Court. But there is likely an attorney fee clause in the contract where they would pay your attorey fees if you prevail, and you could recover the cost of providing a garage or carport - at the least, and damages for making your home unmarketable. I don't understand the use of "or" for the garage "or" carport? And a Certificate of Occupancy is issued by the inspecting authority, and if none, this suggests there is not a final building permit, another breach of contract. You really might consider talking to an attorney before you complete your SC action - as that may bar you from recovering greater damages. Call me if you like if this is in the SF-Bay Area of California; or get a local real estate attorney to talk to.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

(925) 228-5232