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Old 06-21-2009, 05:31 PM
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Default I purchased a home with a glaring city code...

...violation- am I responsible or does title company share blame? We bought this home about a year ago, our first. A porch existed on the East side of the house and extended to the property line. I remember specifically asking our realtor about the porch and was told not to add on to it, but otherwise it should be fine. Well, not fine. We got a warning for being in violation of city code- a minimum 5 foot setback form the property line is mandated. We have applied for a variance, but likely will not receive it and have to demolish. The porch is clearly indicated on our survey. Should the title company or homeowners insurance company have caught that? What about the home inspector or our real estate agent? As our first home, we did not realize this was an issue. We paid all these people to protect our interests and no one did!
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Old 06-21-2009, 07:01 PM
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The only person that could be held responsible for cost or removal or rework of the porch would be the builder and owner at the time of porch construction. At least that's how it works around here. (and good luck collecting in court) You also have a problem blaming someone else since you admit having a survey showing the porch encroaching on the setback distance. So you are partially responsible also. Did you have a real estate attorney check over your paperwork at time of sale? Normally anything nonconforming is immune to setback rules if it has been there for 15 years or more.---Title co is only concerned with property ownership and leins---Realtor is only concerned with proper transaction of property transfer--- Home inspector is not liable.
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