Saint Johns, MI asked in Real Estate Law for Michigan

Q: I’m currently in a situation where the previous owner sold us a home without a permit of occupancy.

There was extensive remodeling without permits and was issued a stop work order and never mentioned these issues.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: Without seeing the offer to purchase it is hard to know what you can do or even how to proceed for that matter. It sounds like you have already closed, but many of the conditions of an offer survive the closing if done properly and it is often your best avenue to proceed with.

I'd strongly urge you to go back to the attorney who reviewed the offer and closing paperwork (you DID have a lawyer represent you right?) and if you didn't use a lawyer then POST HASTE get yourself to a local real estate attorney to review the paperwork and the 'stop work' order and see what can be done. If you haven't closed yet, so much the better, you can probably back out and get your money refunded but if you HAVE closed, the process may be more involved and take far longer.

You don't say, but what are your damages? $400 for permits and inspections and all will be well? Probably not worth hassling over. $30.000 in demolition costs and reconstruction -- that is a whole different kettle of fish. Define your damages more carefully so the attorney can provide better advice too.

Good luck and seek that local legal advice ASAP!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

David Soble agrees with this answer

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