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Construction Law/No Certificate of Occupancy

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Expert: Barry Clifford Snyder - 10/17/2004


Question
My husband and I bought our first home which was a new construction in June 2003. Two weeks ago we were notified by the the county that our house had never passed the final inspection and was never issued a certificate of occupancy. The county inspector came out and found numerous strucutral issues with walls and the foundation. In addition, we are starting to see some of our ceilings crack and floors separate. My question is- do we have any legal recourse aginst the builder, county, title company, mortgage company, and real estate agents. All the money we paid to these companies and no one caught this huge mistake. The county has been taking our county property taxes for a year and a half on a home that they see unfit to live in. Also, on our real estate offer contract it states that seller agrees to pass a final inspection, have a certificate of occupancy, and make usre home is up to code. Our builder is incompetant and has been fixing things for the last year- he never fixes them right. My husband and I never would have bought the home if we had known all of this. Are there legal options to get out of the home since it was bought on flase pretenses and do we have options for legal recourse against the others listed above. Our builder is a small company and I don't see him being able to afford to fix or settle with us on his own. However, he is building several more upper level homes in town. Help- what are my options!!

Answer
Sarah,
Absolutely, you have a couple of avenues of legal recourse, but likely none against the County or the title company.  The title company only insures your title and that is not an issue.  The County only can issue a occupancy permit on application and apparently none was made by the seller and/or builder.  You need to file suit against the contractor and seller, and perhaps, the real estate agent for the seller.  Hopefully, all will have insurance.  If you would like to discuss further, feel free to call me at 805.692.2800.  Barry Snyder, bsnyder@snyderlaw.com  www.snyderlaw.com

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Barry Clifford Snyder

Expertise

Snyder Law has handled construction law cases in California for over 30 years. The matters include construction accidents, contract disputes between owner and contractor, mold litigation, and bonding issues (performance and completion bonds). Feel free to call us with any question.

Experience

Thirty (30) years extensive experience in the field, with over 105 jury trials completed by Barry Snyder. The firm has represented both plaintiffs and defendants in matters involving all aspects of residential and commercial construction. Claims include those as varied as mold exposure and performance and completion bonds, and will typically involve construction defects for condominium and housing projects or individual construction.

Organizations
USLAW Network, Inc. www.uslawnetwork.org

Education/Credentials
Barry Clifford Snyder has a B.S. from UCLA in 1970 and a J.D. from Loyola University School of Law in 1974.

Awards and Honors
Barry Clifford Snyder was admitted to the United States Supreme Court in 1986 and is qualified to argue before that court.

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