Garage or Shed ?

[Joec225]

I built a two story barn like building on an existing 12x16 foundation. It required a variance to accommodate the present setbacks but the town granted it to me in 1/2000. There had been a one car garage built on the foundation that was removed I built a two story barn like structure with a ridge beam measuring 15ft.high. There are two 4x8 doors at ground level and two 2x6 doors on the second level with the 20ft.ridge beam creating the 2ft flying gable that a block and tackle hung from to hoist goods to the second floor. I sold the property in Feb. 2010, at the home inspection the buyers wanted me to repave the drive to meet the 4in rise to create a smooth transition into the structure. I told the buyers I never parked a car in the building but kept motorcycles, ATVs lawn equipment and used the space as a work shop and for storage. The town issued me a building permit and variance calling the building a shed. This was on the survey at the sale and the buyers were aware I never parked a car in the structure. Fast froward Feb. 2014 I am being used for misrepresenting and failure to disclose use restrictions. The town said the owner applied for a permit to install a pool and saw the history at the building code department that refereed to the building as a shed. Our listing the realtor posted said a detached one car garage. There are no restriction of use on the building and I was told by the building department they were never told they couldn't park a car in there. The law suite is for $42000 on the grounds that it's not a garage but a shed and that reduces the value of the property. It also sites I was issued summons for misuse of the intended structure which the town said is not the case. This is a building that is two stories sits on a permanent foundation with footings 36in in depth that had to be excavated to inspect the integrity. My attorney says its a money grab that the owner have an extremely large mortgage and since the recession the property that they purchased for $ 365000 has a present value of $250000.

What determines weather a building is a shed or a garage? I need advice, so far it has cost me $5000 retainer that is almost exhausted.

This property is located in NJ.

 

[Daniel Dudley]

Your lawyer should have already put together a package that would have forced them to withdraw. Seriously. You counter sue for damages and costs and force them into a stalemate.

 

[Leaflessshadetree]

That gives me an idea. I bought a 4 bedroom house. Turns out only has 1 bedroom.
I wonder how much I can get.

 

[Woody610nb]

The way things are now is not like the old days when, buyer beware. The seller of real estate must "Disclose" a lot of information about the property they are selling.
I am contemplating suing the person that sold me my house 4 months ago for not disclosing that the back acre of the property floods after a bad rain and can take a week to dry. He sold me a swamp without telling me about it, and I didn't get what I thought I was getting.

While your situation seems more about semanticists, is it a garage or shed, your agent advertised it as a garage and the town thinks it's a shed. I don't know, but how did the house loss so much value from 2010 to 2014, most areas, if not recovering were at least holding value.

 

[Bib Overalls]

You are being mugged by the new owners and possibly your lawyer. Counter sue for expenses and move for a quick trial. No judge or jury is going to buy into their argument.

If it is a shed and you can park a car in it then it is also a garage.

 

[Duffman77]

First off i am not a lawyer and this is not a legal opinion:
When you exchanged title for payment the market established what that was worth at that time. From what you are stating the property and structures are the same now but the market value is less, the value has to have fallen due to outside factors such as the regional economy, not because the garage is now a shed. I agree that the buyer needs to be aware of what he can do with a property with respect to future potential, I guess I am at a loss as to what the difference between a garage a shed are in legal terms, can you post some links?

I would say that if you as the seller used a realter and they used a realter for the purchase the lawsuits should be against the realtors. If its anything like transactions from where I am from then there were lawyers involved in the purchase as well. Each of these parties are paid a rediculos amount of money for what they do and their job is to ensure that all parties are protected from these sorts of problems.

I agree with one of the other comments, dont let your lawyer bleed you dry on this, he is there to represent you, not shuffle papers across the desk to generate billing.

 

[Playwme]

I don't know how it works over there but here it's pretty much the buyers lawyers duty to discover this sort of thing before settlement. Any valuation should also double check what's approved and what it's approved as. I really don't see how the classification of the building can change the value of the building by that much.

 

[Mustang51js]

If the town shows it as a shed then I can't see how it's your fault, if anything it would be the listing agents fault, you should see if they have any disclosures about typos which most do. After 4 years I don't see how they can do this but then again it is nj and this state *****

 

[volleyball]

Have you gone for comps that said a garage is worth $42k? It isn't around here. A shed/workshop with extra storage may be worth more.
And how are you liable for the way a listing agent describes something? There are a dozen of ways a split level house get described. If the type was different, would you have to buy it back? No.
I think the buyer could only try to recover from hidden known problems. You didn't know it could not be used for a garage. You did not intend it as a garage hence the 4" drop. You had no way of knowing what the buyers was going to do with the space.
If your lawyer lets this drag on and charging you then you may be taken by them too. Something that takes a year to resolve may only be an actual few hours of billable time.

 

[LB-1911]

I built a two story barn like building on an existing 12x16 foundation.

It required a variance to accommodate the present setbacks but the town granted it to me in 1/2000.

There had been a one car garage built on the foundation that was removed

I built a two story barn like structure with a ridge beam measuring 15ft.high.

There are two 4x8 doors at ground level
and two 2x6 doors on the second level with the 20ft.ridge beam creating the 2ft flying gable that a block and tackle hung from to hoist goods to the second floor.

I sold the property in Feb. 2010, at the home inspection the buyers wanted me to repave the drive to meet the 4in rise to create a smooth transition into the structure.

I told the buyers I never parked a car in the building but kept motorcycles, ATVs lawn equipment and used the space as a work shop and for storage.

The town issued me a building permit and variance calling the building a shed.

This was on the survey at the sale and the buyers were aware I never parked a car in the structure.

Fast froward Feb. 2014 I am being used for misrepresenting and failure to disclose use restrictions.

The town said the owner applied for a permit to install a pool and saw the history at the building code department that refereed to the building as a shed.

Our listing the realtor posted said a detached one car garage.

There are no restriction of use on the building and I was told by the building department they were never told they couldn't park a car in there.

The law suite is for $42000 on the grounds that it's not a garage but a shed and that reduces the value of the property. It also sites I was issued summons for misuse of the intended structure which the town said is not the case. This is a building that is two stories sits on a permanent foundation with footings 36in in depth that had to be excavated to inspect the integrity.

My attorney says its a money grab that the owner have an extremely large mortgage and since the recession the property that they purchased for $ 365000 has a present value of $250000.

What determines whether a building is a shed or a garage?

I need advice, so far it has cost me $5000 retainer that is almost exhausted.

This property is located in NJ.

While the structures are not two story - - -

The Garage Shed
http://www.pequea.net/Collections/Sheds/TheGarage.html

You'll also notice that there is a car ramp option.

Bldg /purchase a ramp, open the doors and drive in it is a garage -

Your attorney is correct on the money grab and you're in the middle of it.