Seller lied on Disclosure!

[silvana5933]

What is the name of your state? CA
I bought my house 1 year ago. I recently received a notice of violation of the city advising that the enclosed patio was enclosed without a permit and now must be reopened or permitted providing the enclosure was done correctly. The city gave me copies of 2 notices the seller was issued 2 months prior to selling the house to me. He lied on the disclosure form stating that he was not aware of any portion of the house built without a permit. He told his agent that he forgot the mention it. This enclosed patio as an important feature in my decision to buy this house, I don't want it torn down. Can I sue the seller for intentionally lying on the disclosure? In the meantime, what do I do with the patio; the city is about to issue another warning to me!What is the name of your state?

[pojo2]

Originally Posted by silvana5933

What is the name of your state? CA
city advising that the enclosed patio was enclosed without a permit and now must be reopened or permitted providing the enclosure was done correctly.

what do I do with the patio; the city is about to issue another warning to me!What is the name of your state?

See the first sentence quoted to answer your own question. Apply for the permit or find out what the procedure is in your area. Then expect your real estate taxes to go up accordingly.

After you find out what your actual damages are (cost of permit or whatever you do) then sue the seller and take them to small claims if the ammount is under the statute of limitations in your area.

[CAowner]

Your situation sounds reminiscent of one I was in. I went to talk to the building department, told them the situation, and found them very willing to work with me on how to make the situation legal with the least pain (expense) possible. I found them very sympathetic. I don't know if you would have the same experience, but perhaps it would help to go talk to them in a non-adversarial way. They might help you out.

As to how to make the previous owner pay for whatever expense there is, I am not qualified to comment.

[john123456]

Originally Posted by silvana5933

What is the name of your state? CA
I bought my house 1 year ago. I recently received a notice of violation of the city advising that the enclosed patio was enclosed without a permit and now must be reopened or permitted providing the enclosure was done correctly. The city gave me copies of 2 notices the seller was issued 2 months prior to selling the house to me. He lied on the disclosure form stating that he was not aware of any portion of the house built without a permit. He told his agent that he forgot the mention it. This enclosed patio as an important feature in my decision to buy this house, I don't want it torn down. Can I sue the seller for intentionally lying on the disclosure? In the meantime, what do I do with the patio; the city is about to issue another warning to me!What is the name of your state?

The seller (and most likely) the agent is liable for the non-disclosure.

[pojo2]

Curious, how would the Agent be liable?

[john123456]

Originally Posted by pojo2

Curious, how would the Agent be liable?

The agent would be liable is if he had knowledge of the nondisclosure.

[pojo2]

Originally Posted by john123456

The agent would be liable is if he had knowledge of the nondisclosure.

Exactly my point!!