Can a seller be responsible for work not done to code?

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Can a seller be responsible for work not done to code?

We purchased a home with an in-law apartment. Although the sellers disclosed they did not get permits, we found out that the work was not done to code and the home is not zoned for the in-law apartment. Do we have any recourse with the seller?

Asked on March 19, 2012 under Real Estate Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the seller disclosed that improvements to the home were not done with permits before close of escrow, you were on notice to do a greater inspection with respect to the property before close of escrow including whether or not the improvements done without permits were not to code.

For you to have recourse against the sellers regarding your question, you have to demonstrate that the sellers knew before close that the improvements to the home were not done to code. I suggest that you consult with a real estate attorney further about your question to discuss your options against the sellers of the unit you purchased.


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