Legal Question in Real Estate Law in California
I purchased a home in Jan 2005. It had a carport which I was told was up to code but not permitted. In 9-2010 I tried to re-finance to take out a little equity. Now I am told there was an addition. The original home was 754 sq ft, the home I thought I bought is 1545 sq ft. The city says the permits were filed but not completed. I was never even aware or told there was an addition to the home. Why would I ask, it looks like one complete house. What should I do? This has greatly reduced the value of my home.
3 Answers from Attorneys
Based on the facts you present, and barring contrary facts regarding disclosures, it sounds like you may have a cause of action against your seller and the seller's agent.
Take your papers, especially the seller's disclosures and anything you have regarding the permit process and the facts showing an addition, to a local real-estate attorney or two for a consultation regarding whether actionable fraud is present and can be proven against the seller and the seller's agents and broker.
You need to speak to a real estate attorney, as pointed out by Mr. Whipple. Arguably, you may have been on what is known as inquiry notice when informed by the seller that the carport was not permitted.
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