Is seller responsible for renovations made without a permit that are not up to code?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is seller responsible for renovations made without a permit that are not up to code?
Purchase date of 12/2016, cost of
repairs far exceeds small allowance
submitted by seller in escrow to cover
the permits. The City inspector noted in
his report the property was in good
condition before the start of escrow. I
would like to recoup some my cost.
Asked on April 13, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The seller is responsible if--but also only if--he committed fraud. Fraud is the knowing misrepresentation--that is, a knowing or intentional lie--made about something material, to get you to enter into a transaction or do something (like buy a house). IF the seller knew (or under the circumstances, logically must have known) that the renovations were unpermitted but did not disclose that, that could make him liable. As a general matter, if he made the renovations he would know or be held that he must have known of the status of permitting and so could be liable for not disclosing this. However, if the renovations predate him, their unpermitted status may not have previously been discovered and he would in that case not be liable--you cannot lie about something (commit fraud) unless you know the truth.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.