Can I make the realtors pay city fines regarding item that were not installed or properly permitted?

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Can I make the realtors pay city fines regarding item that were not installed or properly permitted?

I bought property 2 years ago. Now the city has cited me for several infractions. For example, a carport structure that is not permitted, a water heater that was not installed correctly, a washer/dryer that is not enclosed and plumbing that is not permitted. This is just an example. Do I have any way to get someone for not disclosing these issues?

Asked on November 10, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The realtors would not be liable: they are not responsible for what the seller does and does not disclose. The seller's may be liable, however, if they knew or should reasonably (i.e. logically) have known of these issues, but knowing of them, fiailed to dislose, since such a non-disclosure of known material (relevant) issues could easily constitute fraud. The statute of limitations for fraud in your state is 3 years; you have time to take action againt them. You may be able to recover, via a fraud lawsuit, the cost to correct the items and also the fines you have to pay.


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