Legal Question in Real Estate Law in Georgia

Unpermitted addition to the house I purchased

I purchased a home last year. In the presale disclosure the seller checked the block stating all additions to the house were properly permitted and built to code. To make a long story short they were not. They did not even have a certificate of occupancy for this space. Now we are trying to get the certificate and need to do alot of work to bring it in compliance with local codes.

Is the seller liable for these expenses? Can I also charge him for the work I do myself since I don't have the $ to fork out in advance? What about legal fees? Should I keep it in small claims court? The total fix is about $4500.

P.S. The seller's daughter is now claiming her father is in beginning stages alztheimers disease. He built the addition about 8 years ago.


Asked on 2/14/00, 8:17 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Unpermitted addition to the house I purchased

The seller is liable for negligence if not fraudulently inducing you to enter into the sales contract. Keep it in small claims court, if you can keep the amount below whatever the $$$ limit is for the county in which the seller lives. Unfortunately for both seller and purchaser, due to the alztheimers, the buyer will be lucky to just get the out-of-pocket expense.

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Answered on 2/18/00, 11:14 pm


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