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We recently purcharsed a home in West Orange, NJ (Essex County)

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and we are having trouble...
We recently purcharsed a home in West Orange, NJ (Essex County) and we are having trouble with our township related to the construction permits that were supposedly not obtained for various home improvements. The township claims that the deck and the hot tub we have on the property were installed without securing permits. We have purchased the house with the existing hot tub that was included in the real estate listing and the seller represented to our attorney that all the improvements to the house were authorized by the township. At the time of the purchase, no C/O was issued because the township of West Orange does not require it for real estate transactions. As far as the deck, we have signed a contract with a general contractor that states that the contractor would be responsible for obtaining contruction permits. The contractor walked on us mid-project and disappeared so apparently he failed to secure the permits. The township has sent us a notice of violation and order to terminate and are trying to slap us with a substantial fine. We need advice of what our legal options are in this situation.
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
9/1/2011
Real Estate Lawyer: Richard, Lawyer replied 6 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,178
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Good morning. Your recourse here is against your seller for failing to disclose material items that the seller either knew or should have known that a potential buyer would want to know in making the decision as to whether or not to purchase the property. You should send the seller a certified, return receipt requested letter explaining the issue and the failure to disclose and demanding that they pay the amounts of any fines or other losses you suffer within a short specified period of time. Inform him that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as deceptive trade practice and fraud actions, which will entitle you not only to your damages, but also an additional amount equal to 3 times that as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.

 

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have different intricacies in their laws and any information given is simply general information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,178
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Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

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