What is a lender’s responsibility to disclose work that was done without permits regarding a foreclosure sale?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is a lender’s responsibility to disclose work that was done without permits regarding a foreclosure sale?

I purchased a foreclosure from a bank in 07/10. This week I found out that the attached carport and small laundry room did not have permits and now the county wants me to have these areas permitted. Do I have any options? The bank did not disclose the fact that no permits were issued for these areas.

Asked on February 2, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Here is the problem:  purchasing a home in foreclosure you often purchase it "as is."  While lenders have a duty to disclose "material facts", you will need to determine if an inspection and title inspection by your prior to purchase would have revealed the problem before hand and if the terms of the contract negate your ability to go after the bank at this time.  I would investigate, however, if you have any recourse by taking the documentation to an attorney to review.  It is really whose duty it became: their duty to disclose - if you can prove that they even knew about the violation before the sale - or your duty to inspect.  Good luck to you.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption