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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16288
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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We are planning to sell the house that has extra

Customer Question

We are planning to sell the house that has extra room-addition to the garage built in. The previous owner had a permit from the city to build in extra room , but nobody inspected it after it was built in. We didn't realize when we were buying this house that this document was missing. Now, we want to sell this house. What would be your advice?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 8 months ago.

Go to the City and find the permit. Then have the property inspected to make sure that the work was done properly.

You can start by contacting the City's Inspectional Services Department.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

Customer: replied 8 months ago.
Addition and electrical system for it was done so poorly that it will not pass inspection. That's why previous owner sold the house. Unfortunately our house inspector did not catch it. Is previous owner financially responsible for selling house without passing final inspection?
Is there any time limit for it?
Expert:  Phillips Esq. replied 8 months ago.

Regrettably, once the Deed is recorded, the purchase and sale agreement is null and void unless there is a material misrepresentation by the Seller. The Seller is not liable if there is no material misrepresentation. However, your home inspector may be liable if he/she failed to do thorough inspection that could have detected all the defects with the work. You can file a claim with the home inspector.

Customer: replied 8 months ago.
Is there time limit to file claim against house inspector?
Expert:  Phillips Esq. replied 8 months ago.

Yes. Six years from the date of the incident.

Customer: replied 8 months ago.
Seller knew that addition will not pass.
Is it "material misrepresentation by the Seller"?
Expert:  Phillips Esq. replied 8 months ago.

Did you ask about the permits and whether the work was done by a licensed contractor and whether the City inspected the finished work?

Customer: replied 8 months ago.
At the time of buying, I did not know that addition was done during previous owner ownership of the house.
Expert:  Phillips Esq. replied 8 months ago.

Based on your answer to my follow-up question, there is no material misrepresentation on the part of the Seller.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

Customer: replied 8 months ago.
Can we sue him or take him to small court?
Expert:  Phillips Esq. replied 8 months ago.

If you are alleging that the seller made material misrepresentation with regard to the transaction, you can file lawsuit against the Seller in the Small Claim session if your claim is $10,000.00 or less. Otherwise, you have to file the lawsuit in a regular session. You can obtain the Small Claims forms at your local Courthouse in the Clerk's office or download forms online.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

Customer: replied 8 months ago.
What are the time limits for filling Small Claim Court / regular Lawsuit?
Expert:  Legalease replied 8 months ago.

Hello there --

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In your lawsuit you will be claiming that the Seller breached the contract between you by making material misrepresentation about the addition and the status of the inspections and permitting of the addition on the house. Under Oregon law, you can bring a breach of written contract lawsuit for up to 6 years after the date of purchase of the house. Here is a link to the Oregon statute stating the same which you can reference in the small claims paperwork if that is the direction that you are taking the matter -- https://www.google.com/search?q=oregon+breach+of+contract+statute+of+limitations&oq=Oregon+breac&aqs=chrome.3.69i57j0l5.6689j1j4&sourceid=chrome&ie=UTF-8

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MARY

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