Can seller not disclose non-permitted work in a disclosure form?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can seller not disclose non-permitted work in a disclosure form?

Seller did not disclose non-permitted work in Real Estate Transfer Disclosure and says the work was done by licensed contractor and were not aware of permit requirements. They are refusing to be liable for the same. Can they claim that they didn’t know as the work was done by licensed contractors?

Asked on December 8, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In answer to your question, the seller of the property can claim that they did not know that unpermitted work done by licensed contractors was done on the property that you bought. However, per code, licensed contractors are required to obtain permits for works of improvement that require permits.

Failure of the licensed contractor to obtain the required permits for the seller who presumably retained the contractor is imputed to the seller for liability purposes.

If the seller failed to disclose unpermitted work in the tds that you received before close of escrow and the seller is blaming the contractors that he or she hired, the excuse is not valid. I suggest that you consult with a real estate attorney about your situation as to the feasibility of a legal action for damages to permit the work of improvement on the home your purchased.


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