Is th new owner responsible for code violations, if knowingly bought house "as is"? I bought an expensive building permit, intending to fix the

Asked by dofaust, Los Gatos, CA Sat Jul 19, 2014

citat The previous owner should have no responsibility to the county since the new owner knew of the citations, and bought the property (an SFR) willingly and with full knowledge of the code citations.. TRUE???? A Calif code area, please....

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Annette Law…, Agent, Palm Harbor, FL
Mon Sep 29, 2014
The is not a right or wrong issue but resolved and prevailed by the one with the most attorneys. You are after all in California.

"As is" you will discover is not the shield to use. The CYA will be the buyer signed DISCLOSURE. Even better if the disclosure of the citation was on a separate addendum.

So, who has the deepest pockets?
Let your attorney advise regarding any exposure?
Weigh the cost.

The attorneys ALWAYS win even when they lose.
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Grace Hanamo…, Agent, Cupertino, CA
Mon Sep 29, 2014
Hi Dofaust:

I'm going to assume by the tenor of your question that you are the seller of the property and are now being asked to fix the home. If that is the case, then the advice to you is to talk with a qualified real estate attorney regarding your responsibility and rights in this matter. Depending on the information and structure of your sale, you may have some or no culpability, but only an attorney can tell you that.

If you were the buyer in this matter, however, and KNEW of the code citations, it would seem unlikely that you can or will be able to get the seller to pay for the repairs to the home. But again, only an attorney can truly answer those questions for you.

Most importantly, however, for anyone interested in buying a home with known, suspected or possible building citations or with areas within the home that have been built without a permit.. the admonishment is "caveat emptor"--let the buyer beware because what you think is a bargain may bite you with equal vigor in the posterior end of your wallet.

Good luck and consult and attorney post haste!

Grace Morioka
Allison James Estates & Homes
Buyer Rebates and Low Cost Listing Commission to Sellers
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