Regardless of who may be responsible for the cost or non-disclosure of the fence violation, you are the person who has received the Summons. In the eyes of the City of Chicago, you are the person who will bear the burden of this matter. Certainly you need to determine if the seller should be financially responsible and decide what he or she will do in this matter. The more important thing, however, is to make sure that you are prepared for the hearing and that you appear at the time of the hearing with whatever proof that the violation or violations have been corrected. It is not enough to just show up for the hearing and try to put the responsibility on someone else; without proper preparation, you can be fined for lack of compliance. If you were represented by an attorney at your closing, you need to consult with that attorney as to how to proceed. You may prefer to contact another attorney to determine your best course of action for the pending hearing. Many lawyers, including me, offer a free initial consultation for such matters.
Sara Howard is an attorney licensed to practice law in Illinois since 1983. Her practice concentrates primarily in adoption and family law as well as landlord tenant & real estate law. She is currently a member of the Chicago Bar Association's Adoption Law Committee, and a former bank attorney . Any response to a question on AVVO does not constitute an attorney client relationship, but is general information based on the limited information provided. Free initial consultations are offered.
Yes, the seller may be liable for these violations. I am not sure I agree that the home inspector should have been aware of the permit violation. When you mention "fence violation," I am not sure if you mean the fence is not correctly located, or it simply was installed without a permit. If the latter, and you had a survey done, the survey should have disclosed if the fence was not within the bounds of your property. You should discuss the situation with the attorney who represented you when you purchased the property. If you did not have an attorney, now is the time to hire one.
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Your attorney should have seen this when the survey was reviewed prior to closing. I would talk to your attorney to find out what can be done. I wouldn't venture defending this matter or proceeding against the seller without an attorney. Things will be very fact-specific and document-oriented. Have some trained eyes look at things for you.
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