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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am buying a house, there is a deck which now turns out to

Customer Question

I am buying a house, there is a deck which now turns out to be illegal or without the permit. Can seller plead ignorance and say she did not know when she purchased the home? The deck will increase my property tax. Can I get out of the contract on this ground?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NJ
JA: Has any paperwork been filed?
Customer: Paper work for the deck? No, it has not been filed yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: After pointing out that the deck could be illegal, the seller may have filed for the permit but when the contract was signed there was no permit and it was me as a buyer who pointed out the deck could be illegal
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Expert:  Damien Bosco replied 1 month ago.

If I understand you correctly, you signed a sale's contract and the closing has not occurred yet. During this interim period, you found out that a deck to the home for purchase was built without a permit and now you want out of the contract. Also, in the interim, the permit was obtained. Yet now because it was never reported before, this will increase your property taxes given you a reason to want to rescind the contract. Is that correct?