Yikes, undisclosed setback problem

[mmgwhite]

Alaska.
I just closed ( and recorded) on a home yesterday morning. Only after closing did I discover that the as-built survey used in the well and septic engineering report did not show a building with an encroachment into the lot line set back.
The previous owner built the building in 1989 and the zone laws were created in 1986. The original house (built in 1982) is the only building shown on the as-built used by the engineering company to get well and septic approval as required for transfer of title by the State. I knew the building was there but assumed it was grandfathered. I didn't know it was built after the new zoning laws came in to effect. The seller swears he was told no permit was required in 1989 and therefore didn't apply for a land use permit or get an as built afterwards.
Now, I cannot get a building permit to enlarge the house as previously planned without a variance and have been told it is unlikely to be granted
Isn't there some sort of grace period that will let me reverse this sale?
I am stunned. To move the building would cost many tens of thousands of dollars.
Help

[HomeGuru]

Originally Posted by mmgwhite

Alaska.
I just closed ( and recorded) on a home yesterday morning. Only after closing did I discover that the as-built survey used in the well and septic engineering report did not show a building with an encroachment into the lot line set back.
The previous owner built the building in 1989 and the zone laws were created in 1986. The original house (built in 1982) is the only building shown on the as-built used by the engineering company to get well and septic approval as required for transfer of title by the State. I knew the building was there but assumed it was grandfathered. I didn't know it was built after the new zoning laws came in to effect. The seller swears he was told no permit was required in 1989 and therefore didn't apply for a land use permit or get an as built afterwards.
Now, I cannot get a building permit to enlarge the house as previously planned without a variance and have been told it is unlikely to be granted
Isn't there some sort of grace period that will let me reverse this sale?
I am stunned. To move the building would cost many tens of thousands of dollars.
Help

**A: why did you not order your own survey prior to closing?

[mmgwhite]

I allowed myself to believe that the seller was ordering a survey with the well septic inspection. Instead, the engineer just used the original as built which didn't show the building in question. I was naive enough to assume all was up and up and didn't want to slow down the closing. Yep pretty naive.
Is there any sort of grace period involved in a real estate sale for dumb naive guys like me or does the ol' "let the buyer beware" apply strictly here?

[HomeGuru]

Originally Posted by mmgwhite

I allowed myself to believe that the seller was ordering a survey with the well septic inspection. Instead, the engineer just used the original as built which didn't show the building in question. I was naive enough to assume all was up and up and didn't want to slow down the closing. Yep pretty naive.
Is there any sort of grace period involved in a real estate sale for dumb naive guys like me or does the ol' "let the buyer beware" apply strictly here?

**A: there is no grace period but you could maybe use the seller discloure law toy our advantage. Read up and talk to an attorney.