What to do if I purchased a 5 year old home through a short and have found that it was not built to code?

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What to do if I purchased a 5 year old home through a short and have found that it was not built to code?

I have water leaking in around most doors and windows. In locating leaks I noticed some issues.There should be a 1″ gap between the brick and the sheathing. I have 1/4″ to non with a lot a mortar pushed into the weeping holes. I have rotten sheathing with some being completely gone now. This code was the current code at time the permit was taken out. I also had an inspection and a seller disclosure which mentioned no problems.

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Interesting question. In every sale of real property, the seller is required to disclose all known facts as to the property that would materially affect the price paid by a buyer or affects the desirability of the property by a willing buyer. In your situation the code issues would be a material item that the seller should have disclosed if known before close of escrow.

If the home is a relatively new home, you might also have a basis for bringing an action against the builder of the property for product defect.

I suggest that you consult with a real estate attorney about what your possible damages would be (costs of repair or diminution in value at close and the lesser of the two) as well as liability issues regarding the seller, the real estate agents involved, and the original builder of the property as to liability issues.


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