Legal Question in Real Estate Law in Illinois

Real Estate Issue

I purchased a home in August of 2007--a real estate attorney represented me in the transaction. I just visited the DuPage Co. Govt. to obtain a permit to build a fence and my Plat of Survey indicated that several structures had been built on my property without permits. All of these structures were existing at the time of the sale of the house in August, 2007.

According to the DuPage Co. building permits office, I am responsible for obtaining those permits. Here are my questions:

1) Shouldn't my lawyer have checked to see if any additions had been made to the home since it was originally constructed?

2) If so, shouldn't he have checked to see if the proper permits had been obtained?

3) Shoudn't I have been informed that the property contained structures that were built without obtaining the proper permits?

4) Finally, shouldn't the attorney or law firm that represented me in the sale of the house be responsible for the cost of the necessary permits and any construction that may be needed to bring the structures in question up to code?


Asked on 1/30/09, 4:30 pm

1 Answer from Attorneys

Re: Real Estate Issue

No. The cost to have an attorney do that would be prohibitive, you would have paid him or her $1000 instead of the few hundred you probably paid. It is customary for a buyer's attorney to review the closing documents, real estate contract, title and the survey for encroachments. The survey does not indicate whether there are not permits. A survey just shows what is on the property or encroachments, not whether there were building permits.

However, you may have a breach of contract or fraud action against the seller if representations were made that everything was up to code etc. Review your contract and any disclosures.

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Answered on 1/30/09, 10:13 pm


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