All Forum Posts by: Diego Saavedra

Hi Diego, hate to hear that this happened to you. Unfortunately, the broker cannot be sued as they are relying on the seller to be honest and upfront with them. Sellers are required to disclose any hidden defects, such as a septic problem, but do not have to disclose anything that can be discovered in a normal inspection. Was it being marketed as a duplex? Did you do an inspection?

Hey John, thank you for responding.

Yes, the property was marketed as a duplex. Being my first property, I didn’t know to look into zoning and such.

I did have an inspection done, the inspection report even says the property is a duplex.

It wasn’t until I looked into getting an electrical permit that I found out the property wasn’t permitted as a duplex.

The fact that the appraiser didn’t catch the property’s status is what has me appalled.

That’s the part I’m wondering if I should sue…

In my experience, it comes down to how the property was originally deeded. Someone else mentioned that it may be grandfathered in as a duplex. That's kind of what I meant. The closing attorney who cleared the title should have seen how the property was deeded through title chain. I would reach out to them and see what they say. If it was originally deeded as a duplex, then hopefully you can get a variance. It's gonna be extremely difficult to sue someone over this.

Just saw the deed. It was for single family FHA... they got me. Oh well, I'll just finish this one up and move on to the next one *shrugs*

0 Votes

Atlanta, Georgia

Quote from @David Robertson:

@Diego Saavedra what's the zoning designation on the property?

R75 in DeKalb county, Ga

0 Votes

Atlanta, Georgia

Quote from @John Boyzo:

Hey John, thank you for responding.

It wasn’t until I looked into getting an electrical permit that I found out the property wasn’t permitted as a duplex.

The fact that the appraiser didn’t catch the property’s status is what has me appalled.

That’s the part I’m wondering if I should sue…

0 Votes

Atlanta, Georgia

Hello friends.

New investor.

Bought a property in 2022 that was advertised as a duplex. There was a tenant living on one side and the other was vacant.

After living and remodeling the vacant side, I moved into the tenant occupied side (he moved out) to start the remodel process there.

After looking into permits to upgrade the electrical system, I ran across information about the property that revealed it to be a single family home.

The zoning for the property does not allow for multi families.

Am I able to sue the seller or the seller’s agent for misleading information/false advertising?

Any help is appreciated 🙏🏽

In DeKalb county.

1 Vote

Atlanta, Georgia

Quote from @Bjorn Ahlblad:

Unless the city or county has rezoned it themselves it is not going to happen. Did you buy it with an agent? You can threaten to report them to the Real Estate Board for missing readily apparent disclosures. I'd go speak to zoning and/or Code Enforcement. It would not be a good idea to plead ignorance and go ahead with finalizing construction. What is there is likely un permitted and not to zoning or code. I am sorry for your trouble. You have been cheated.

What can I do? What are my options?

0 Votes

Atlanta, Georgia

Hello friends.

This is the first property I've purchased to rehab. I am a new investor.

I purchased a duplex in Decatur, Ga 2022. I remodeled Unit A and am now starting to remodel Unit B.

As I'm looking to get an electrical permit for Unit B, I've noticed that the duplex sits on an R-75 residential zone that is for single family homes and does not allow for multi family dwellings. The property I bought indeed was a single family converted to multifamily.

I am concerned as I am not sure what's to come.

How easy and costly would it be to possibly ask for a permit to rezone this lot that already has a duplex sitting on it? Does anyone have any experience in such cases? Thanks

1 Vote

Atlanta, Georgia

All Forum Posts by: Diego Saavedra

Diego Saavedra has started 2 posts and replied 6 times.

Post: Illegal duplex help

Post: Illegal duplex help

Post: Illegal duplex help

Post: Illegal duplex help

Post: Bought a duplex in a single family zone

Post: Bought a duplex in a single family zone