Legal Question in Real Estate Law in Connecticut
Listing mistake
A 3 family house which I purchased with the expectation that it was in fact a legal 3 family is now in question by an attorney representing my buyer saying it is not a legal 3 family, his firm represented the guy who sold it to me. Now in this township, you cannot find out if it is a legal 3 family without alerting the authority into action, then having them make you evict the tenants and compell you to rearrainge the house into a two family. My buyer has since decided against the purchase and is gone. I would like to sue my lawyer for not finding this out when I bought it and the seller and the broker. What to do now?
1 Answer from Attorneys
Re: Listing mistake
Succeeding in an action against your lawyer for what you describe as failure to disclose "the true status of the house YOU purchased," seems unlikely. Since you got what you paid for... A House.
Generally, upon RE closing, prior agreements or understandings are relinquished, except for those that are specifically stated and AGREED, in a writing by all the parties to the Contract, as items surviving the Closing.
But, You can obtain a copy of the CO, for your property, from your township's Clerk or property recording office, without "authority" intervention. You can review your Title Report & Policy or your Mortgage documents and Appraisal Report, ordered by the Mortgage company, at or about the time of your purchase, to find the CO status.
After review and examination of exactly WHAT the status of your property is , you may opt hire a contractor to change the property CO designation, if possible. Or, you can change your advertisement of sale, from a 3 to 2 family house W/possiblities.
Good luck,
Phroska L. McAlister,ESQ
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