What to do if I bought a house 2 months ago and am finding out that a detached shop/garage wasnt permitted?
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What to do if I bought a house 2 months ago and am finding out that a detached shop/garage wasnt permitted?
Now I am faced with getting the engineering plans from builder. The concrete poured was a cash job by seller and he didn’t disclose any of this on the disclosure prior to sale.
Asked on June 7, 2018 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The seller committed fraud by not disclosing a material (important) fact known to him (clearly, if he had the work done, he knew whether he had it permitted or not) and which was not readily discernable by a buyer (there is no way for a buyer to know by looking at a garage, etc. whether it was permitted, and it is the seller's obligation to truthfully disclose this fact). His fraud would rovide a basis to sue him for monetary compensation, such as an construction, legal, etc. expenses to correct the situation and have the structure permitted.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The seller committed fraud by not disclosing a material (important) fact known to him (clearly, if he had the work done, he knew whether he had it permitted or not) and which was not readily discernable by a buyer (there is no way for a buyer to know by looking at a garage, etc. whether it was permitted, and it is the seller's obligation to truthfully disclose this fact). His fraud would rovide a basis to sue him for monetary compensation, such as an construction, legal, etc. expenses to correct the situation and have the structure permitted.
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