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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17522
Experience:  B.A.; M.B.A.; J.D.
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We bought a home that was listed as 3 bedroom but only to

Customer Question

We bought a home that was listed as 3 bedroom but only to find out from a contractor that was working on home that the 3rd bedroom isn't up to code. It is approx 21x14 with 2 windows but the windows are 60" to the bottom of the window off the floor. Was told the room has to have a least 1 window with no more than 44" from the floor. The home appraiser did not mention this at all. When I was looking thru the county records, it list the room as an office. We were mislead thinking it was a 3 bedroom room. Called the agent that sold us the home and was told that wasn't true. Now it could cost thousands to make the bedroom legal to code. Can I take acting to get this work done and who is responsible? Thank You
Submitted: 5 months ago.
Category: Real Estate Law
Customer: replied 5 months ago.
We bought a home that was listed as 3 bedroom but only to find out from a contractor that was working on home that the 3rd bedroom isn't up to code. It is approx 21x14 with 2 windows but the windows are 60" to the bottom of the window off the floor. Was told the room has to have a least 1window with no more than 44" from the floor. The home appraiser did not mention this at all. When I was looking thru the county records, it list the room as an office. We were mislead thinking it was a 3 bedroom room. Called the agent that sold us the home and was told that wasn't true. Now it could cost thousands to make the bedroom legal to code. Can I take acting to get this work done and who is responsible? Thank You
Expert:  Phillips Esq. replied 5 months ago.

You need to look towards the seller, the seller's agent, the home inspector (if the home was inspected) and the appraiser for redress. This means you should first make a demand to all four of them for payment of the costs to bring the property to code. Then if your demand is ignored, you would have to file a lawsuit against all four of them and let them fight amongst themselves who is ultimately responsible to you.

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Customer: replied 5 months ago.
Is there a limit on how long I have to file suit? Home was purchased in Dec 2015. Thanks
Expert:  Phillips Esq. replied 5 months ago.

Yes, there is a Statute of Limitations and it is four years. See California Code of Civil Procedure Section 337.

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Thank you for your cooperation.

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