Purchased a property in 2023 checked all RECORDED records with county and state of Hawaii all state permitted inspected and CO issued in 2015 Prior

[pcw4994]

Purchased a property in 2023 in kauai hawaii checked all RECORDED documents with the county and state of hawaii all county building records document a 6 bed 3 bath property in 2015 with CO issued. Also prior to closing had county inspector check out the property. Inspected passed approved and a CO issued in 2023 in the letter from the head of planning dept who is charged with the final say. Stated NO violations exist on the property. 2023
2 months after I close the county served a Building violation from 2015 (10 ) years prior UNRECORDED no follow thru on the violation from 10 years, thru 4 different sales/title transfers. County did not follow their own protocol in filing a suit 30 days later. Or Les pendens alerting any prospective buyer of the violation
The loss is a 1700 sq ft 3 bed 1 bath apt
$ 1.2million and loss on income on rental $4,000 month for furnished apt the cost to demo retrofit materials labor AIA fees attorneys fees. $2.+ million loss
What’s anyone’s input? Help!

 

[Yankee Chronicler]

Lawyer up. From a distance of several thousand miles away, it seems to me that you may have recourse against both the seller and the county.

If the condition cited was a valid code violation, what you have is not a building or fire code question but a legal question regarding who is liable. Obviously, you did your due diligence, and you have been harmed by the county's failure to follow proper procedures.

 

[ICE]

Before there can be a lis pendens there must be a lawsuit. The County can make a mistake and not be held liable. Given that the violation went unnoticed during four real estate transactions, is ten years old, and you have been denied use of the property for more than a year, I am curious about the nature of the violation.

 

[SCBO1]

Lis Pendens:
Official public notice that a property has a pending lawsuit or claim attached to it.

Was the legal issue disclosed to you?

 

[steveray]

Sue everyone…especially your attorney that handled the purchase and the realtor.

 

[pcw4994]

Lis Pendens:
Official public notice that a property has a pending lawsuit or claim attached to it.

Was the legal issue disclosed to you?

No and Title insurance will not cover the loss because the violation was not in the public record

 

[ICE]

What is the violation?

 

[Sifu]

Man, that sucks. But on a lighter note: