Expert: Dick Dennis - 1/13/2012

Question
Mr. Dennis,
I bought a as is foreclosed property in Jaconville, Fl on 20 Aug. 2011. AFter the closing, I found out a patio in the back yard was built without city permit. The city's code enforcement office post a Safety Flag on this patio. Because of this safety flag, the city will not transfer the water/power supply under my name. The city said no one should legally use the water/power of the property due to the safety falg.
The safety flag was posted by the city on July 02 2011, before closing date. City inspector told the listing agent to inform this situation to potential buyers.
According to the listing agent, the copy of Permit Violation notice was scanned and posted to the listing of this property. Only licensed real estated agent can view this listings. I was only able to view the general listing of the property that can be viewed by the public. I didn't see any Permit Violation info on the listing I viewed. I didn't know there was Permit Violation on the property before I bought it. I did know there were some damages and mulfunctions of the property, such as leaking plumbing, old A/C, etc...They called it "as is".
Neither my agent nor listing agent informed me by words or in writing of the existence of the Permit Violation/Safety Flag on this property.
My agent signed her name as Seller's agent in closing documents. She said she didn't know anything about the Permit Violation/Safety Flag before closing.
I didn't hire any inspector to inspect the property before closing. Property Survey was not supplied to me by closing agent because it is a foreclsoed property, according to my agent.
City's code enforcement office told me I need to either tear the Patio down, or hire a licensed contractor to pull a Permit on the already built Patio.
Here are my questions:
1. Is the Permit Violation considered as "as is" condition, according to law?
2. Should listing agent (who knows the existence) and seller agent (who can view listings for licensed agents) expose the Permit Violation to the buyer, according to law?
3. Am I eligible to ask city to issue a Permit, or do I have to hire a licensed contractor to do this, according to law?
4. What could be the reason for a buyer's agnet to sign her name  in closing documents as Seller's Agent? Is it required by law?
5. The closing agent, which is a law firm, didn't indicate any existence of Permit Violation/Safety Flag in title search and title insurance. Do they hold any legal responsibility in this?
6. Do I hold any legal responsibility because I waived the inspection before closing?
7. Am I in a position to sue listing agent, Seller's agent, and closing agent?
Thanks a lot!
Lisa

Answer
As long as you knew the purchase of the property required a legitimate property inspector on a foreclosure property, and you did not hire such a person, I don't hold much hope for you. I am positive the purchase agreement you signed specifically indicated that the buyer is responsible to do THEIR OWN INSPECTION and become satisfied with its condition. That is the thing a buyer must be aware of when buying a foreclosure property. Banks will not do any repairs.

However, you may want to talk to a REAL ESTATE attorney to see if you have much hope in getting the attorney/agent who sold you the house to pay for the Permit Violation. He should have known about it because the seller knew it (or should have known it) and the attorney/agent should know everything the seller does. All the rest is strictly your responsibility BEFORE you make an offer to purchase. I do wish you well, Lisa.

Dick Dennis
dixiedee13@aol.com