Bought a home with unpermitted work that was not disclosed

UPDATED: Sep 30, 2022

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Bought a home with unpermitted work that was not disclosed

I recently purchased a home with an ‘updated master bath’. The disclosures stated that was no work done to the home without permits. The first week in the home, I discovered major plumbing issues related to the remodel. It turns out there were no permits pulled for the work done. I am now looking at estimates up to 35k to repair the damage. What legal action can I take?

Asked on September 8, 2016 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the seller for fraud: for misrepresenting (by failing to disclose; i.e. lying by omission) a material, or important, fact--namely, that a major renovation was unpermitted, and you would have to pay to correct the issue. You can sue for the full cost to correct. Based on the amount at stake, you would be well-advised to retain an attorney to represent 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 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.

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