Hi, My name is XXXXX XXXXX I will be glad to assist you with your question,
I am sorry to hear about the problem you are facing. The title company was very nice in offering $500 because they do not have any responsibility in this situation. The responsible parties and the ones who should pay to have the sod corrected and the violation removed is the seller and the seller's real estate agent who listed the property for sale.
The seller knew of the violation and should have disclosed it to you as the purchaser and to his real estate agent. However, even if the seller did not disclose it to his real estate agent, the real estate agent has a duty to research the property he is listing for sale and to discover all violations. This obligation is imposed on all listing agents and they cannot use the excuse that the seller did not inform them because they have an affirmative duty to gain full knowledge of all aspects of the property they are listing for sale.
You will have to correct the problem and then sue the seller and the seller's agent for reimbursement. Because you have a duty to mitigate (lessen) your damages, you cannot sue the seller and the real estate agent and wait for them to pay you before correcting the violation because you will not be able to collect the $100 per day penalty if you just let it accumulate,
I realize that this is not the exact Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me,
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