Legal: Our duplex isn’t legally a duplex
Most Popular Reply
Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votesI 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
10 Replies
- 3moDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
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
- 3moPaul LeeMember since 2026 · 5 posts · 1 voteOP
Quote from @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
The previous seller held the property for seven years, and there’s absolutely no permitted record of any major work being done during that time, just a few cosmetic updates right before the sale. I’m starting to think this makeshift secondary unit was put together back in the late '60s or early '70s. The unpermitted improvements were essentially hiding under a rock for decades, until I mistakenly flipped it over.
- 3moPaul LeeMember since 2026 · 5 posts · 1 voteOP
Thanks for the reply. I do have a copy of the seller's disclosure, and it makes no mention of the unpermitted space. As you noted, it's incredibly difficult to prove fault or intent if they simply claim they had no prior knowledge of the issue.
I think I found what you are referring to.
"Amnesty for Unpermitted Units: SB 13 established a pathway for homeowners to legalize existing, unpermitted ADUs built prior to January 1, 2020. 1 Property owners can request a 5-year delay in code enforcement to bring the structure up to code, provided the violations do not pose an immediate health and safety hazard."- 3moDan H.Pro MemberInvestor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
Quote from @Paul Lee:
Thanks for the reply. I do have a copy of the seller's disclosure, and it makes no mention of the unpermitted space. As you noted, it's incredibly difficult to prove fault or intent if they simply claim they had no prior knowledge of the issue.
I think I found what you are referring to.
"Amnesty for Unpermitted Units: SB 13 established a pathway for homeowners to legalize existing, unpermitted ADUs built prior to January 1, 2020. 1 Property owners can request a 5-year delay in code enforcement to bring the structure up to code, provided the violations do not pose an immediate health and safety hazard."That is the correct segment that describes who/how it is decided if an immediate health and safety violation. In either 2024 or 2025 there was a law that extended the start date, etc.
To summarize the state does not want jurisdictions to be able to remove safe housing units. Most jurisdictions do not want this either. Ideally the jurisdiction is accommodating to your request to work with them to address this in as painless (cheapest, least effort) way possible. Regardless, if it is safe you have 5 years to address it. By the time 5 years happens, there may be additional protections.
If you can show the seller put in the extra unit you likely have a case. If not, you will find it difficult. I am not a lawyer. I question if the non disclosure to your seller transfers to you. And transitive prior to that. A lawyer can answer this and typically lawyers offer a free short consultation. In addition, proving no disclosure was made previously will be very hard. The issue is even if the non disclosure applies transitively, determining who is liable is still a challenge. There may be a statute of limitations. If there is not, there is a challenge as to the damages, is it the damages at time of non disclosure or today’s much higher damages. Sorry, but if your seller did not create the unpermitted unit I highly suspect you are SOL.
A warning to others, always try to check permits during due diligence period. If you cannot verify the permits, this has to be reflected in the price.
Good luck
- Rental Property Investor · Chicago, IL · Member since 2017 · 266 posts · 188 votes3mo
Quote from @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?
No lawyer here, but it sounds like there's a good chance the seller may not have known either. Unless they owned it for decades and were the ones who did it. The separate meters is usually one of the first signs I look for to quickly gauge if it's legal. County records also backed this up.
Was the seller required to get zoning work done before the sale? In Chicago they have to get a zoning certificate before sale.
I'm sorry this happened, the ADU might be a blessing depending on the cost to do it. Many places would make you completely de-convert it.
- 3moPaul LeeMember since 2026 · 5 posts · 1 voteOP
Quote from @Sean McKee:
Quote from @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?
No lawyer here, but it sounds like there's a good chance the seller may not have known either. Unless they owned it for decades and were the ones who did it. The separate meters is usually one of the first signs I look for to quickly gauge if it's legal. County records also backed this up.
Was the seller required to get zoning work done before the sale? In Chicago they have to get a zoning certificate before sale.
I'm sorry this happened, the ADU might be a blessing depending on the cost to do it. Many places would make you completely de-convert it.
Hi Sean,
Appreciate your feedback. The meters and county records weren't enough proof to convince the city that the dwelling is a legal duplex. I'm in Los Angeles County, and the zoning is R-1. We were a bit suspicious during escrow, but the appraisal report listed it as "legal nonconforming." I didn't do enough digging at the time, which is how I ended up in this mess.
The city is willing to work with us on the conversion to ADU, which is a bit of a blessing. That said, who knows what kind of retrofitting they'll demand on a home originally built in the late 1920s. As an investor, I still see this as a great long-term asset in an A-class neighborhood, but the anticipated cost of bringing everything up to code is definitely frustrating.
- 3moPouyan BroukhimBusiness MemberLos Angeles, CA · Member since 2016 · 64 posts · 19 votes
You should go down to the city assessor's office with your grant deed and have them investigate to see if they can find any historical records or building permits that classify your property as a legal duplex.
### Recommended Next Steps for Your Property Investigation:
* **Request a Property History Report:** Ask the clerk specifically for a permit history or a certificate of occupancy (CO). These documents are the primary evidence of how the city officially classifies your structure.
* **Verify Zoning Maps:** Check if the zoning for your specific parcel allows for multi-family use. Even if a building has two meters, if the zoning is restricted to single-family, the second unit will always be viewed as non-conforming or unpermitted.
* **Search for Archived Building Plans:** If you can find the original blueprints or records from when the second gas meter was installed, you may find evidence of a past legal modification that the current city records department has overlooked.
* **Consult a Local Land-Use Attorney:** If the assessor's office confirms the status is single-family, contact a local attorney who specializes in California ADU laws. They can help you leverage SB 13 or other state-level amnesty programs to potentially legalize the unit without the threat of a full de-conversion.
* **Check for Prior "Grandfathering" Documentation:** Sometimes properties exist in a "legal non-conforming" status. While it may not be a modern "duplex" by current codes, it might have been legal at the time of construction, which could exempt you from certain modern, stricter compliance requirements.- 3moPaul LeeMember since 2026 · 5 posts · 1 voteOP
Quote from @Pouyan Broukhim:
You should go down to the city assessor's office with your grant deed and have them investigate to see if they can find any historical records or building permits that classify your property as a legal duplex.
### Recommended Next Steps for Your Property Investigation:
* **Request a Property History Report:** Ask the clerk specifically for a permit history or a certificate of occupancy (CO). These documents are the primary evidence of how the city officially classifies your structure.
* **Verify Zoning Maps:** Check if the zoning for your specific parcel allows for multi-family use. Even if a building has two meters, if the zoning is restricted to single-family, the second unit will always be viewed as non-conforming or unpermitted.
* **Search for Archived Building Plans:** If you can find the original blueprints or records from when the second gas meter was installed, you may find evidence of a past legal modification that the current city records department has overlooked.
* **Consult a Local Land-Use Attorney:** If the assessor's office confirms the status is single-family, contact a local attorney who specializes in California ADU laws. They can help you leverage SB 13 or other state-level amnesty programs to potentially legalize the unit without the threat of a full de-conversion.
* **Check for Prior "Grandfathering" Documentation:** Sometimes properties exist in a "legal non-conforming" status. While it may not be a modern "duplex" by current codes, it might have been legal at the time of construction, which could exempt you from certain modern, stricter compliance requirements.
Thanks for the recommendations. I actually went down to both the city and county assessor's offices to dig into the property's history and pull copies of all historical permits. Unfortunately, there is absolutely no record from the city stating that two addresses exist or that the property was ever a duplex. The "duplex" wording was strictly used by the listing agent, and I still have a copy of that MLS report.
Regarding your other advice, I also visited the city utility department. Incredibly, they have zero records dating past 2000 due to a system update, and I don't have copies of the original blueprints. It’s super frustrating trying to figure out how they approved a second meter in the first place. When I asked about the Certificate of Occupancy (CO), their official response was that it's strictly a Single-Family Residence (SFR).
At this point, consulting a land-use attorney and hunting for any potential grandfathering documentation definitely seems like my best next step. Thanks again!
- Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes3mo
Hi Paul,
It's hard to say without knowing exactly what was represented during the sale. I'd review the listing, seller disclosures, inspection report, and any other transaction documents, then speak with a local real estate attorney to understand your options. They can also help you decide whether it's better to legalize the unit as an ADU or pursue another path.
Hope you're able to get it resolved.
Join the conversationCreate a free account to reply, vote on answers and follow this thread.