Q: Hi. I bought a condo a few years ago as-is and had no issues with any of the rooms that were inside the unit.
The on site management team did their annual fire inspection this year and claimed that one of the rooms is illegal and the previous owners from 7 years ago had built it without approval. They made no mention of the room before this year. I had no prior knowledge of the room being illegal before purchasing the unit. Now management is saying that the walls need to come down and I'm worried I would have to foot the bill. Who would legally be financially responsible for taking down the walls?
A: You need to gather all your real estate, inspection, communication, etc documents and consult with a real estate attorney asap. It’s possible you have a claim again the seller and their broker, and possibly your own broker too.
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A:
Under California law, when you purchased the condo "as-is," you may have some legal protections. Generally, sellers must disclose any known defects or issues with the property. If the previous owners didn't disclose the illegal room, and you had no prior knowledge of it, you might have grounds to pursue legal action against them for nondisclosure.
However, it's crucial to review your purchase agreement and consult with an attorney to assess your specific situation. The responsibility for removing the illegal room could depend on various factors, including the terms of your purchase agreement, the statute of limitations, and the actions of the previous owners.
It's advisable to discuss your case with a real estate attorney who can provide tailored guidance based on your circumstances and help you determine the best course of action to address the situation. Remember that this information is not legal advice, but rather general information to help you understand your potential options under California law.
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