I bought a house built in 2015, but after pulling the permits I find out it was started in 2008. There were stop work orders and failed virtually every inspection. It just scraped by in 2012 for inspections but then sat for another 3 years after that. I was told it was built in 2015 because that's when the "first" owner took occupancy. I found out that the foundation had been poured in 2009 and left sitting until 2011.

What date is used as the date the home was built? Is there a limit on how long a house can be under construction?

I live in Canada.

  • 3
    I would start by hiring a lawyer.
    – fixer1234
    Dec 29 '17 at 2:52
  • i seeked legal advice , they quoted me at 100k and told me theres no for sure winning and even if i do the ppl involved could have hidden my money or have no assets. i tried to make complaint against realtor to broker manager , he told me to seek legal advice and then asked me to come in for a meeting , after the meeting he said since i seeked legal advice against his agent that they would no longer help me with the matter.
    – boosh
    Dec 29 '17 at 3:46
  • 1
    Don’t accept their response. Go try an attorney that specializes in real estate law. There are lots of ways to collect once you get a judgement. You can “attach” their checking account, savings accounts, tax returns, a portion of their wages, etc.
    – Lee Sam
    Dec 29 '17 at 4:05
  • @boosh I edited your question to remove the unnecessary parts, so it's much more focused now. If you feel I removed anything pertinent, please roll back or edit it back in.
    – mmathis
    Dec 29 '17 at 14:25
  • There is no basis for a lawsuit if there has been no loss. What is the loss here? Why does the construction duration matter? "Is there a maximum allowed time for a house to be built?" Yes, whatever the Permit Issuing Authority says. Dec 29 '17 at 17:36

In the U.S., each state “adopts” a Code. The Code requires a Building Permit” for construction. If you look in the “definitions section”, you’ll see that a “Permit” is for a “specific activity.”

I’d check the original Permit Application and see what was included (and not included). In the U.S. there is a “disclosure law” that requires the seller to disclose POTENTIAL problems that could affect the value of the property being sold. If it wasn’t disclosed that the construction (“specific activity”) wasn’t completed, they are liable for the repairs.

I’ve testified that the seller “should have known about dryrot, settling foundation, etc.” If your house is not habitable, you have a great case.

  • Oh, and yes the Permit is “active” as long as there is “activity” on the project. Here, that is defined as within any 6 month time period. I’d check with your local Building Department to see if the Permit was terminated due to inactivity.
    – Lee Sam
    Dec 29 '17 at 3:58
  • he would let the permits expire , all the building permits expired and were renewed over and over.the basement actually has active permits that were never picked up and just expired .he just did the work and sold the house without it being inspected. the real estate agent told me the reason it wasnt a legal suite was the septic was only big enough for a single family.
    – boosh
    Dec 29 '17 at 4:27
  • 1
    Not finishing the “specific activity” in the Building Permit is no reason not to disclose the incomplete work. In fact, that would make an excellent claim. Also, the size of the septic has no bearing on the disclosure law.
    – Lee Sam
    Dec 29 '17 at 5:02

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