Legal Question in Real Estate Law in California
My wife and I just bought what we think is our forever home. We have been active boaters for many years. We have never owned waterfront property before. So when we started looking and found our home one of our first questions were is there any fees associated with waterfront property and a dock. We were told no . After purchasing said property we find out through another realtor that we need to apply for a dock permit. Keep in mind this is a 67 year old home and dock not new construction. So we call the California land management and they in for us that not only do we need to have dock lease but part of our driveway and our walkway of our lower basement and our patio nears to be leased from the state of California. $1225 filing fee and $660 a year ,10year lease that needs to be renewed every 10yrs and goes up based on inflation. We love this home and have invested over $20,000 getting ready to move in. We feel that we should at least been disclosed considering we plan on retiring here and will be on a fixed income and that it might have influenced our decision.
2 Answers from Attorneys
It most definitely should have been disclosed, but only if the seller or their agent knew about it. You may have a case for negligent misrepresentation if you were affirmatively told you would have no fees and whoever said it had no real basis for knowing. What specifically is your question?
These are issues that needed to be disclosed in the sales process. This is probably something that was known to everyone involved. You probably have claims against the sellers, their broker/agent and your broker/agent. You also probably need to request mediation/arbitration first. Contact a local real estate attorney before doing anything.
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