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Old 01-12-2015, 11:23 PM
 
Location: Golden
9 posts, read 9,454 times
Reputation: 18

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I've been reading the city-data forums for years and finally decided to register this evening

Here's my problem (or potential problem)... My wife and I are currently under contract on a house in Jefferson County. I recently pulled the building permits and found out that while a kitchen renovation in 2012 was permitted, no final inspection was ever done. The kitchen renovation included the removal of a load bearing wall and the installation of a beam. There is also a large deck that was not permitted at all.

I have read that the buyer assumes all responsibility and liability of the unpermitted work after closing. Is this true? My thought is that the seller needs to get all permits and have final inspections completed before we go to closing.

As a first time homebuyer, I welcome your comments and suggestions.

Last edited by Wags627; 01-12-2015 at 11:27 PM.. Reason: updated text
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Old 01-13-2015, 06:33 AM
 
Location: Washington Park, Denver
6,904 posts, read 6,496,831 times
Reputation: 7353
Yes, once you close its on you.

As for the I unpermitted work, I would definitely want to have it checked prior to closing. Especially the structural work. The problem is that's almost impossible to do without opening up the walls to see what they did. Short of that, you could use it as negotiating leverage.

Good luck!
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Old 01-13-2015, 07:46 AM
 
2,493 posts, read 2,185,940 times
Reputation: 3351
Deck might not have required a permit. Decks less than 30" above grade do not require a permit in SOME areas. If the structural kitchen work had a permit but no final inspection, it was probably inspected at the
faming/rough in stage. So the wall removal and structural header were probably inspected. You could check that with the building department. You can also ask seller to get final inspection.
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Old 01-14-2015, 11:02 AM
 
Location: Golden
9 posts, read 9,454 times
Reputation: 18
Have others been in this situation in the past? I don't want to overreact, but I also don't want to be stuck with shoddy workmanship that could lead to major problems down the road.
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Old 01-14-2015, 11:22 AM
 
Location: Evergreen
397 posts, read 588,569 times
Reputation: 469
It could be as simple as the Seller needing to call Jeffco and have the Final Inspections done. I would at least ask for the Seller to obtain those and if they are not willing to do that, you might want to have a structural engineer look at the work that was done in the kitchen (with removing the load bearing wall) and have a deck guy come inspect the deck.
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Old 01-14-2015, 11:55 AM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
4,873 posts, read 9,618,037 times
Reputation: 4942
Quote:
Originally Posted by Wags627 View Post
Have others been in this situation in the past? I don't want to overreact, but I also don't want to be stuck with shoddy workmanship that could lead to major problems down the road.
You are not overreacting at all. Especially now that you know that a load bearing wall has been removed. When we purchased our home in Buena Vista it didn't not have a certificate of occupancy (aka final inspection), and we put into our contract that the seller had to get that done before closing. They weren't happy, but there was no way that we were going to get stuck with paying for work that needed to be completed.

Usually buyers will hire a private inspector to look at the house during the buying process, so that any issues can be resolved before the buyer signs on the dotted line. Hopefully your realtor advised you to do that because then you can negotiate to have the seller pay for things that need to be fixed and to get all final inspections.
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Old 01-14-2015, 05:38 PM
 
Location: Golden
9 posts, read 9,454 times
Reputation: 18
Quote:
Originally Posted by Dreaming of Hawaii View Post
You are not overreacting at all. Especially now that you know that a load bearing wall has been removed. When we purchased our home in Buena Vista it didn't not have a certificate of occupancy (aka final inspection), and we put into our contract that the seller had to get that done before closing. They weren't happy, but there was no way that we were going to get stuck with paying for work that needed to be completed.

Usually buyers will hire a private inspector to look at the house during the buying process, so that any issues can be resolved before the buyer signs on the dotted line. Hopefully your realtor advised you to do that because then you can negotiate to have the seller pay for things that need to be fixed and to get all final inspections.
We found just found out that the seller will be requesting the final inspections and making the necessary updates to get everything up to code.

Thanks to all who responded for their help! I really appreciate it.
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