
Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
5 min read · April 2026
It’s one of the most frustrating discoveries a new homeowner can make: the room addition, the remodeled bathroom, or the converted garage that looked so nice during the showing was never permitted. Now it’s your problem. Here’s what to do.
Before you do anything else, run a permit history search with your local building department. Get it in writing. This establishes the baseline — what was and wasn’t permitted. Then review every document from the sale: the TDS, the seller’s disclosure, the inspection report, the listing description. Look for any mention of permits, additions, or modifications.
If the seller knew about the unpermitted work and didn’t disclose it, California law gives you strong claims. Under Civil Code §1102, sellers must disclose all known material facts. Unpermitted work is material. Damages typically include the cost of bringing work to code, and in cases of intentional concealment, punitive damages may be available.
You generally have 3 years from the date you discovered (or should have discovered) the unpermitted work to bring a claim. Don’t sit on it. Consult an attorney while the evidence is fresh and the deadlines are far away.
Bay Legal PC in Palo Alto handles permit violation law disputes throughout California. Free initial consultations available.
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Bay Legal PC handles permit violation law disputes throughout California. Tell us about your situation and we'll be in touch promptly.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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