If the previous homeowners did an extension without a survey or C/O and our attorney and title company pushed this through without our knowledge, who is liable?

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If the previous homeowners did an extension without a survey or C/O and our attorney and title company pushed this through without our knowledge, who is liable?

Asked on March 4, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order for me to render an opinion with respect to your question, you need to be more specific with respect to the facts of your question. If there was a chance with respect to the proeprty you were buying before close of escrow and this was not disclosed to you by the prior owners in writing, you may be able to rescind (cancel) the purchase of the parcel.

I suggest that you consult with another attorney about the facts of the matter that you are writing about. In order to have a change in property description, there needs to be a legal description placed of record with the recorder's office in the county where the property is located and you needed to be placed on notice about this before close of escrow. From what you have written, I cannot give any opinion as to liability concerning the individual or entity that you have inquired about in your question.


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