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Ask Loren Your Own Question
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 32058
Experience:  30 years of real estate practice experience.
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I sold a house in 2013 and just found out that part of the

Customer Question

I sold a house in 2013 and just found out that part of the lot which is owned by the City of LA was encroached. This property was a 'flip' property and listed/sold 'As is' . The MLS listing had the correct area but we did not measure to confirm. There was no appraisal done as it was cash sale purchase. The encroachment was discovered when the buyers/owners applied for a permit for an open patio that was already built. Unfortunately, the patio was constructed in the encroached area of the property. As buyers' agent, what is our liability? Thank you
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
In order for you to have any liability the buyer would need to prove you were professionally negligent. Part of that will hinge on the sophistication and experience your client had in purchasing real estate.
It is never a good idea to purchase real estate without a survey, title insurance, etc., but if your buyer took title as-is and knew, or was advised, of the potential risks then you should not have any liability here.

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