Let's step back here a minute.
We have not seen any of the "evidence" that you have seen. We are not attorneys. So here are some points to consider:
1. In most cases Realtors do not measure the interior living area of a property. We rely upon third parties, usually the county assessor's office. In the MLS the source of the square footage should be noted. What was it?
2. You wrote that the inspector said that the sunroom was "not up to code". To what code? The code of present day? The code of when the sunroom was built? In older buildings it is not uncommon to have structures fail to meet current codes, but at the time of construction did in fract meet code.
3. Legally the only living area that counts as square footabe is permitted. For example, if the sunoom is infact an enclosed patio, then there might be a permit for a patio, but not for a sunroom. An examination of the building permits, on file at the local Dept. of Building and Safety, will answer your question.
I suggest strongly that you investigate instead of trying to fitgure out who was at fault. It is possible that the information presented was infact deemed to be reliable. Once you have the facts as to the property's permit status, then an attorney would probably be the next step, although I would discuss concerns with my Realtor first.
I am a little confused by your question. When was the inspection? When you bought the house or now when you've put it on the market. Who is telling you sunroom is not up to code? Also, what are they saying is not up to code?
You'll need a real estate attorney to address the "who is at fault" and how to proceed legally. But before you invest the money in an attorney, I would strongly advise getting a second opinion regarding the sunroom. The inspector may say it's not up to current code (if it was an inspector who told you this), but was it up to code at the time of construction. This is a issue I've seen on a few occasions, where an NC licensed inspector will say that an item is not up to code, but it was upto code when constructed. Was it someone else who told you it wasn't up to code? Was the sunroom built after the house was built? If so, see if the permits are available for it. If it was permitted and inspected by the city/county, it should be up to the code at the time it was built.
Also, look into what it would take now to get it into code and be included in sq.ft. I minor investment now so that you can market the house to its fullest and then address any legal issues later. You may find out that the costs to fix the problem is much cheaper then the cost of litigation over the issue.
No legal advise given here :) You'll need an attorney for that.
That should have been noticed when your lender had an apprasial. There of course are all sorts of directions you can go in. You need to consult a good real estate attorney. A home inspector is only going to check the existing systems of the house to see if they are in good working order. What did your listing say when you bought the home? Did you have a buyers agent? These are all questions the attorney will ask.
Hope this helps,
Hope this helps
Your realtor if you are working with one, should have answered your question but...
1.Was the sunroom included in the original square footage?
2.What is not in code, the rules state if a portion of the home was not permitted it is not allowed to be counted in finish square footage?
3.If it is a permit, go to the inspections department and apply for a permit for that area, the city will inspect and issue you a permit, so that area can be included in your total square footage.
4. If it is strictly a code thing, fix it and count the area.
Who is at fault will not solve your situation now, it is probably not anything that can not be remedied as far as selling your property now, just takes a little extra effort.
If you are currently under a contract with an agent ask them to help you, I can not help by law of agency, if you are not under an agreement and I can answer any questions just give me a call
Century 21 Becky Medlin Realty