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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102368
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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If I bought a home from my city and was never told about violations

Customer Question

If I bought a home from my city and was never told about violations from previous landlord what is my recourse? Now I am trying to sell the house after 30 + years living in the home , my city tell us about all these violations. We have since did made repairs to make the home comfortable for our family, now we are told about violations from previous owner.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. Ordinarily, when a seller sells a property, they have to fill out and provide to the buyer a list of disclosures about possible problems with the property. NY includes this law. The municipal/county ordinance violations may be included on these disclosures. The whole point is to have the buyer be aware of these disclosures prior to the sale. Failure to disclose can have the seller liable for fraud, and be liable for the cost it would take to fix the issues. However, if the sale has occurred 30 years ago, the statute of limitations for suing for fraud have run out. In NY, the statute of limitations is 6 years per N.Y. C.P.L.R. §213(8). Even if it can be tolled (paused) due to not reasonable finding out about this sooner, at the 30 year mark, it is simply too late (doctrine of laches makes suit virtually impossible). As such, I am afraid that the onus to fix the issues are on the current owner, i.e. you. I am sorry. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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