Not A 2BR Home!

[MABOAT]

What is the name of your state (only U.S. law)? SC

We purchased a home in 5/06. The home was new construction and built per a 4BR 3BA building plan. We signed a contract per the building plan and put down a deposit. The builder took out a construction loan, signed all the permits etc...

We just discovered that our home only has a 2BR building permit and a 2BR septic permit. Which means we can only sell our home as a 2BR home.

We know the builder is responsible.

My question is what responsibility does our closing attorney have? Could the attorney be liable too?

 

[FlyingRon]

No the closing attorney has not responsibility for any of this. Totally wishful thinking on your part. You need to take the contract and the information you have on the building permit and septic to an attorney to find what recourse there is against the builder.

 

[MABOAT]

Thanks,

Would there be any reason "not" to use the closing attorney?

 

[FarmerJ]

Mab part of the homework /research proccess buying this home could have been specifically having someone check all the permits for accuracy or doing it your self. , I dont know what is standard practice in your state but have seen many new homes with all the permits posted in a easy to view public area of a home, some times even in a garage where they will stay dry and out of the elements. If your documents contradict the permits then its the builder/developer you should go after.

 

[MABOAT]

I have certainly been educated on checking permits etc... No nothing was posted & the building permit/septic permit office takes no blame for not noticing that a home was being built that did not match the permit.

I did not bring this additional piece of info up in my original post because I did not want to confuse the basic question.

The builder signed for both the building and septic permits.

The developer hired and paid for all the septic tanks/fields in the entire subdivision as part of developing the subdivision. BUT the developer signed nothing/agreed to nothing with me.

 

[FlyingRon]

I see no reason to not use the closing attorney unless his relationship with the builder is such that their is a conflict of interest. You can certainly inquire.