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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.