Bought a triplex but occupancy permit only for a duplex

[Mary Louise Wong]

Hi guys,

I just want to get input from some savvy investors that may have gone through this in the past.  I am new to real estate investing and recently purchased a triplex in Pittsburgh.  I had two vacancies at the time of purchase which was no biggie.  Just prior to the renovation, I had one of my contractors, who I also found in bigger pockets, point out that I actually bought a duplex according to the occupancy permit on the Pittsburgh website.  Now, I am stuck because I can't renovate the unit and rent it out until I bring it up to code.  The seller agent misrepresented the property because she listed it as a triplex.  I believe it is an error and omission claim and I am quite surprised that the property was able to close without no one finding out.  I am glad my contractor caught it and he told me it took him less than five minutes to pull it up on the county website.  The property is zoned as a three-unit on the tax assessor website which I check prior to the purchase, but I was told it was irrelevant if the occupancy permit only allows for two.  

How would you proceed if you ended up in my situation?  I just recently closed on the property and I now know to check the occupancy permit as well in the future.  My contractor gave me some solid advice and I am planning to take his recommendation, but I also want to learn from and consider the input from others on this forum.

Thanks,

Rich