REAL ESTATE NEWS
An historic firehouse, in the nice neighborhood of Bryant in Seattle, Washington, was auctioned off as a future home. But years after the purchase, the new owner was cited for a code violation, even though the property with special character was advertised as a “unique residential dwelling,” the new owner was sued for using it as a residence.
News video | Houzz article with photos
He purchased the property in 2012, believing it was residential. He thought he had essentially bought a residential property for $712,000. Here’s how the buyer fought back in a four year battle with the city of Seattle.
Thom Kroon, the new home owner did some interior remodeling, had a lot of family events there. For more than three years, his extended family and friends enjoyed the old firehouse for holiday celebrations, charity, fundraisers, graduation parties, and as an office — until a land use, notice of violation arrived in July of 2016. According to the city of Seattle’s letter, a complaint about this property had been received. A housing and zoning inspector investigated and found violations of the Seattle land use code. The owner was ordered to discontinue all unauthorized uses, including, but not limited to office and residence because the legally established use of the property is as a public facility fire station,
The owner thought it was sort of a joke when he was told that the building must remain a public fire station. The owner said, “Should I buy a truck? Tell me seriously, this is just crazy. You sell a residential property and they didn’t tell me it’s still a fire station.”
According to a civil lawsuit Kroon later filed, the 2016 letter was the first time the city had notified the Kroon Family that Fire Station 38 was not, as the city had represented, a residential dwelling. Kroon was also sued by Seattle for alleged violations of city municipal code for using Fre Station 38 as something other than a fire station.
The city sued for $500 a day, a total of around $400,000. The city’s lawsuit was dropped after Kroon hired land use and zoning attorney Clayton Graham to file countersuit. Graham is now hoping to help his client recover the $80,000 that Kroon spent battling the city.
If any seller sold a property as a residence, and it couldn’t be used as a residence, the buyer could seek recourse for damages.
Kroon’s complaint alleges the ad used to market Fire Station 38 was an intentional and negligent misrepresentation. The city hired a third party agent to help sell the property, but the city had supervisory control over that agent.
At this point, it appears as though the Kroon Family may continue to live at Fire Station Number 38, but could be out the extra $80,000 that they were forced to spend on legal bills.
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