What to do if I bought a house 2 months ago and am finding out that a detached shop/garage wasnt permitted?

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What to do if I bought a house 2 months ago and am finding out that a detached shop/garage wasnt permitted?

Now I am faced with getting the engineering plans from builder. The concrete poured was a cash job by seller and he didn’t disclose any of this on the disclosure prior to sale.

Asked on June 7, 2018 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The seller committed fraud by not disclosing a material (important) fact known to him (clearly, if he had the work done, he knew whether he had it permitted or not) and which was not readily discernable by a buyer (there is no way for a buyer to know by looking at a garage, etc. whether it was permitted, and it is the seller's obligation to truthfully disclose this fact). His fraud would rovide a basis to sue him for monetary compensation, such as an construction, legal, etc. expenses to correct the situation and have the structure permitted.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The seller committed fraud by not disclosing a material (important) fact known to him (clearly, if he had the work done, he knew whether he had it permitted or not) and which was not readily discernable by a buyer (there is no way for a buyer to know by looking at a garage, etc. whether it was permitted, and it is the seller's obligation to truthfully disclose this fact). His fraud would rovide a basis to sue him for monetary compensation, such as an construction, legal, etc. expenses to correct the situation and have the structure permitted.


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