What to do if we bought a house that had a 1-car garage but was marketed to us with the false representation that we could expand to a 2-car garage?

Both real estate agents said we could expand it to a 2 car garage and marketed the house to us this way. They even showed us an official survey drawing they said the city approved. After buying we went to the city for a permit and they denied it because the lot was maxed out per city guidelines and said they had never seen the drawing. The city also showed us how the real estate agent had whited out part of the survey plat and inserted her own 2 car garage drawing. Any ideas what we can do?

Asked on July 17, 2012 under Real Estate Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there were misrepresentations by the selling and listing agents involved in the purchase of the home that you acquired that it could legally have a two (2) car garage but you have now found out that it cannot, if you do not want the property now, you may have an basis to rescind (cancel) assuming the misrepresentations were material.

For that you need to consult with a real estate attorney. As to any damages, I have a hard time seeing any damages unless you overpaid for the property based upon its current condition as represented.

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