Legal: Our duplex isn’t legally a duplex

[Paul Lee]

First time posting but struggling to find a solution. We purchased a "duplex" 1.5 years ago. County records show as multifamily units and there are two separate gas meters operated by the city. When we tried to do improvements to one of the units, city planning found that only one address exists. Now we have a citation letter from the city to be in compliance by creating the unpermitted unit as an ADU or bringing it back to its original form. Legally speaking: who is at fault? Is it the seller's agent that deceived us, my agent that misrepresented us, or on us?

[Dan H.]

I doubt either realtor knew and, perhaps more important, that you can prove that either knew about the issue.

Did you receive a seller's disclosure? If you can prove the seller added the ADU without a permit, you could have a case against the seller. There is a possibility that the sellers to you purchased the property with the unpermitted ADU and, similar to you, were unaware that the second unit was not permitted. You have to be able to prove your accusations.

Now for the city’s request on the unpermitted unit …. Look at SB13 for the protections on safe unpermitted units.   The date has been extended via a more recent law (forget which law).   The implication is the city cannot mandate you removing a safe unpermitted unit.   You have 5 years to address getting the permit.

Good luck