If an owner user purchases an office building with a non permitted built out second floor mezzanine, what if any recourse might they have for non disclosure against the listing or procuring broker? Is there a stature of limitations from the time of the closed transaction? Will the investor still be able to obtain a certificate of occupancy since they purchased the owner user building "As Is" with no further build out required?
Disclosure / recourse liability is different from state to state. However most often buyers responsibility of due diligence trumps lack of disclosure. Unless buyer can prove intensional deceit / fraud.
You’d need to decide if spending additional money on an attorney and investigators is worth it, as well as the likelihood of actually winning a judgement then collecting on it.. (blood from a stone...)
Disclosure laws are consumer protection oriented and generally only apply to residential properties. The listing/selling brokers would generally gave no knowledge this and have no liability.
This is purely a lack of buyer due diligence and the local authorities don’t care that you bought it “as is”.
Generally you have your (right of your own inquiry) meaning a judge looks at if you had the option to investigate something further and chose not to then that is on the buyer.
Example a buyer has a basic inspection and then the recommendation is to have an engineer, plumber etc. look into further but the buyer doesn't want to spend the extra money so rolls the dice and closes hoping for the best. Post closing all this stuff happens to the buyer and they are looking for someone else to be liable for it etc.
This is different from a HIDDEN defect that the buyer could not discover upon investigating before closing in due diligence. Now to PROVE that a seller knowingly knew a material fact and did not disclose it or hid something is a very high bar to reach in court.
In the purchase and sale there is generally a section that absolves the brokers of any liability and that it is upon the buyer to investigate things and use the proper experts accordingly.
Your best bet at this point might be to pay a few hundred to a commercial litigation attorney not to do litigation, as that is extremely expensive, but have them review your case. Those attorneys often have case law and local courtroom experience as to how the judges rule cases and interpret various situations. Nothing is 100% but can give an idea how to possibly proceed in the most cost effective and diligent manner possible.
No legal advice given.
Always go by the theory of caveat emptor
How does anyone know if an addition , or a bathroom remodel or a commercial build out was done with out a permit ?
The only way is to go to the permit office and check for permits issued for that property .
agents dont do this , brokers dont do this , home inspectors dont do this . Buyers need to do this themselves .