You should consult a Real Estate Attorney.

In addition, if the matter can't be resolved you should also find out from your attorney if you have any legal recourse to recover monies spent on things like wood boring insect reports, home inspection fees, survey, etc.

If you are not working with a good Realtor I would suggest you reconsider. They can and will work for you even if the seller is a For Sale By Owner.

Good Luck.

You absolutely should be looking for a reduction! The changes that will be needed to comply are significant. More important is that they likely didnt get permits (at least for the deck, often small sheds dont require but again always best to check). Be glad you found out before closing. Your contract likely has a clause requiring seller to clear any permit issues as well as a provision for them to reimburse you if there are any title issues. Check with your attorney if structures with in a required set back would jeopradize this. Suggest you check on all other work they have done ie replace water heater etc.

First time,

You wil find that many, many homeowners build structures without a permits. This also happens when a homeowner hires a contractor and "assumes" the contractor has the necessary permits to do the job. Happens all the time.

But, as Bill says, how much is that deck and flower bed worth? Do you really not want the house because 2 feet of deck? So you want to seller to reduce the selling price.. to what.. $1,000 less then agreed? -or- are you one of those.. aahh gotcha people looking for the lotto.. and wanting 10 -20k off the house because of the deck and flowers. Think about it.

As far as getting out of the contract, as long as the seller adjusts the problem.. either by doing the work or getting a variance.. I think not. But of course, I am not an attorney and you should consult with your attorney on this.

I really don't get the sarcastic answer. I think that you have a legitimate concern and gripe. Some people pick houses out for their kitchens and some simply for the style of home. It's not strange to have someone love a home (which the buyer clearly said was the reason he/she bought the first house) for the enjoyment of the outside area. I don't see this poster mentioning punishing the seller or any other statements that brought about some remarks. Although, I don't think that a lot of people know that they are required to get a permit and they can get in trouble for not getting one!

Talk to an attorney and see what you can do.

1sttime: The first half of your answer is in the contract. Generally speaking, in this case, the seller cannot deliver the object promised, a property in the specific condition you noted when the contract was made. You will have to consult an attorney to pursue any action at law but you might negotiate a satisfactory settlement without voiding the contract for cause or have the seller agree to release you from any responsibility and return your deposit without recourse to the legal system. This means that you don’t get the house.

Now for the big question for you to answer: Why are you so angry? Most people do not run to the town to put up a shad or put in flowerbeds. The deck was foolish, I’ll admit but the town might allow a hardship variance if the seller goes through that rigmarole. In which case, the property will be as promised.

If the town enforces the zoning code, you are stuck with the changes. Unfortunately there is no penalty that is on the books for you to impose because "You are mad." How much would it be? The death penalty?

You might say that the house is truly worth less than you are paying. How much less for an altered flowerbed? What is two feet less of deck worth? (If the deck is then too small to use, perhaps a bit but if it means that you will have to reduce your BBQ crowd from 150 to 145, not so much.)

The real question here is, do you want the house? Do you want it as modified to suit the code? If it meets code and you can get a CO, will you be pleased to take it, even without penalties?

Remember that Shylock, with good cause for bitterness, could not extract his pound of flesh. I doubt that you will be able to do so but the seller may be in a hard spot and yield something. He has, after all, put himself in a more vulnerable position but he can just go find another buyer to resolve his problem, one that will not be "mad' at him

Bill Holt

The seller has a obligation to disclose to you facts such as building without a permit, and building not consistent with code. They didn't do it. If they gave you any kind of disclosure read it closely. Your agent (if you have one but I'm guessing you don't since you are asking this question here) should have already advised you to talk with a real estate attorney. Do it now.

Make sure the attorney specializes in real estate. If you don't already have representation by a buyer's agent you can call or email me and I'll give you a couple of attorney's names and contact info.

Paul Howard, Broker http://www.NJHomeBuyer.com Realty
856-488-8444
http://www.companies.to/njhomebuyer http://www.twitter.com/paulhoward

Hmm..can you legally breach the contract? I cannot advise you there as I'm a Realtor not an attorney. However, if I had a client in your position in my market, I would create an addendum to rectify the condition per city or township ordinances or cancel the sale. In addition, I would have them get a repair permit if permits were actually required if you did decide to go ahead and purchase.
Could you renegotiate the price based on this condition? You could renegotiate the price with any condition at any time. If you really like the house and the backyard, try to see past your emotions, get realistic and see that even if they don't rectify it that you could do it yourself at minimal cost to you.
I would probably, if I were to advise my clients to go that route, to get a credit back for the amount it would cost to make the backyard and deck comply with ordinances.
Hope that helps!