Boutgh new home and discovered a problem.

[bin_hex]

What is the name of your state? CALIFORNIA

We bought a new home six months ago and discovered the driveway was too small to fit any normal size car. Our Honda Civic was even too samll. This means that we cannot park the car in the garage (although there is some street parking). Both sides of the driveway are blocked by neighboring houses so there is no way of extending it.

Since the house was advertised as a single family with one car garage, do we have any recourse?

 

[HomeGuru]

What is the name of your state? CALIFORNIA

We bought a new home six months ago and discovered the driveway was too small to fit any normal size car. Our Honda Civic was even too samll. This means that we cannot park the car in the garage (although there is some street parking). Both sides of the driveway are blocked by neighboring houses so there is no way of extending it.

Since the house was advertised as a single family with one car garage, do we have any recourse?

**A: didn't you look at the property before you bought it? If so, where did you park when you looked at the property? Did you not walk down the driveway at any time? Did you not try to drive your car down the driveway to see if it will fit if you suspected a small driveway? Did you research the building permits? Does the driveway have a building permit? What did the real estate appraiser state about the driveway in the appraisal report? What did the home inspector say?
Did the Realtors and Seller disclose anything about the driveway? Did you notify the Seller and the Realtors about this problem immediately after closing?
Why has it taken 6 months for you to inquire?

 

[bin_hex]

Re: Re: Boutgh new home and discovered a problem.

**A: didn't you look at the property before you bought it? If so, where did you park when you looked at the property? Did you not walk down the driveway at any time? Did you not try to drive your car down the driveway to see if it will fit if you suspected a small driveway? Did you research the building permits? Does the driveway have a building permit? What did the real estate appraiser state about the driveway in the appraisal report? What did the home inspector say?
Did the Realtors and Seller disclose anything about the driveway? Did you notify the Seller and the Realtors about this problem immediately after closing?
Why has it taken 6 months for you to inquire?

When we saw the house we parked on the street only and then walked up the driveway (60 or 70 feet). I have reasearched the building permits and learned that the owner secured a variance to make the driveway smaller then code. The Real Estate Appraiser said did not say anything about the driveway in the report. The home inspector also did not say anything about the driveway.

There was no discolsures regarding the driveway. We have not notified the seller yet because we wanted to do it through an attorney. We have been very busy and have not had time to deal with this issue -- and as we understood it we have one year statue of limitations.

Thank you in advance for your response and attention.

 

[HomeGuru]

Per the CA seller disclosure law, the seller was required to disclose the "inferior not-built-to-code and given a variance" driveway because the information is a material fact.

The real estate appraiser should have discounted the value for the gargage because the garage is not useable as a garage. It only functions as one big storage room.

 

[bin_hex]

Per the CA seller disclosure law, the seller was required to disclose the "inferior not-built-to-code and given a variance" driveway because the information is a material fact.

The real estate appraiser should have discounted the value for the gargage because the garage is not useable as a garage. It only functions as one big storage room.

Thanks for your help -- I will let you know how it works out!

bh

 

[HomeGuru]

I'll be waiting.