Legal Question in Real Estate Law in California

Varance and tear down

In 1989 my husband and I bought a house. Approx. 4- years later we decided to add on. We got plans, surveys etc...We were told that someone at one had added on to it without permits, they only had a 10 foot setback,15 is required. This addition was not disclosed to us when we bought the house. I am now divorced and only remember this being mentioned, we would need at variance,it would be easy to get and cost $900.00.I am now told that the variance would cost $1,400.00,If I am able to get the variance, I would have to get the permits and bring the illegal part of the house, up to code.If I am unable to get it, I will have to tear it down.(the old existing part,not the legal addition) I need to pay back a large chunk of money back. My plan was to sell the house.I only finished my house this year.(no money)On the plans in red ink it says ''do not final this house until after variance is received''the house was finaled last summer they signed it off. I don't have a variance yet. I don't want to get sued because someone has to tear it down, I can't buy the neighbors property. Why was i able to get the plans approved before the variance. Do I have and issue with the building dept. or old owner from at least 20 to 30 years ago. help!


Asked on 4/06/04, 2:29 pm

1 Answer from Attorneys
Samira Ansari Law Office of Samira Ansari

Re: Varance and tear down

To answer your question requires for me to look at all of the contracts involved, from the purchase contracts and disclosures to the permits. As far as your sale of the house, you need to do FULL Disclosure. However, I am not able to answer your question not having looked at any of the documents, feel free to contact my office:

408-371-0062

Samira Ansari

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Answered on 4/06/04, 4:17 pm


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