Texas  |  Real Estate Law

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11/14/03, 5:33 pm

Legal Question


Non-disclosure of construction permits

I am at this moment in negotiations with a seller to buy a townhouse. After some offering, counter-offering, I decided to investigate more into a foundation job the seller had done by an individual before going any higher in price. I was given a seller disclosure notice that asks:

''Are you, (seller) aware of any structural modifications, alterations or repairs made without necessary permits or not in complience with building codes in affect at that time'' The seller checked ''NO''. Seller did disclose verbally thru his agent that work was done by an individual, not a company. But that is all that was disclosed. I called the city records/permits department and discovered that no permits were obtained for this address/property. This has caused a whole host of issues from no permit inspection to Home owners associatation issues to insurance liabilities. Is this a case where seller should have known of these issues and revealed it in disclosure?


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