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Dear Lord, how can people give advice on whether permits are needed when they're in a different state???
I definitely would be suspicious of why the father didn't get a permit. Did you ask that question? And yes, what IS your agent saying, and I hope it's not the seller's agent.
I bought a house in PA that had a weird sump-pump drainage arrangement (it drained through a curb out into the street, which I thought was illegal). It was the same arrangement that the guy up the street had, who was a borough councilman. I was afraid that if I tried to sell it and all these council people were no longer in power, I might have a problem, so I asked for a copy of the permit for my files so I'd have proof.
I would definitely make the seller rectify the permit issue and not dump it on you. Either there's something shady about the way it was done or where it was done, OR, the guy was not a licensed contractor. Otherwise, he surely would have gotten a permit.
for those that have asked why the previous owner didn't get a permit to do the work...
I live in NY, and getting a permit to have work done can cost just as much as having the work done. You need an architect to draw up plans, the city has to approve them, and then you can build. If it's something like a porch that's attached to the house and can possibly affect the stability of the structure then you've definitely got to get a permit for it. That all costs money.
But that's NY. I don't know how it is where the OP lives.
Dear Lord, how can people give advice on whether permits are needed when they're in a different state???
I definitely would be suspicious of why the father didn't get a permit. Did you ask that question? And yes, what IS your agent saying, and I hope it's not the seller's agent.
I bought a house in PA that had a weird sump-pump drainage arrangement (it drained through a curb out into the street, which I thought was illegal). It was the same arrangement that the guy up the street had, who was a borough councilman. I was afraid that if I tried to sell it and all these council people were no longer in power, I might have a problem, so I asked for a copy of the permit for my files so I'd have proof.
I would definitely make the seller rectify the permit issue and not dump it on you. Either there's something shady about the way it was done or where it was done, OR, the guy was not a licensed contractor. Otherwise, he surely would have gotten a permit.
We have whole neighborhoods in my city set up with their sump pumps exiting through the concrete curb. It a glory to see in operation after a heavy rain!
Another outbuilding without a permit story. DD purchased a home built in the 50s where the City had no record of a building permit. We concluded that this outbuilding was constructed without a permit maybe 20 years ago to house the woman who cared for the aged resident(s).
When it came time to remodel the house the square footage of the outbuilding was included. The outbuilding structure itself was removed in the remodel.
If the OP's patio is raised then they really need to do what it takes to assure that it meets code structurally. Think for a moment about the balconies that have collapsed recently, even in relatively new buildings. It is so easy to overload them or if people are dancing rhythmic motion can precipitate collapse. If it is a slab on grade problems are usually easily fixable.
I would double check to see if a permit is required, and if it is, insist the seller get one retroactively as a condition of closing. Why should you go through the hassle and what if there is a problem and something has to be fixed or changed before a permit is granted? If you close on the property without the permit, then you take on the responsibility of dealing with it. And chances are at some point, you'll sell this house, so even if you decide you are ok living with it unpermitted, you could end up having to scramble at the end to get one anyway. Seller built the patio, let them get the permit.
And as someone said, it's not your responsibility that it could affect the father's status as a contractor. He never should have built it without pulling the permit if that's the case.
I had a sale in which we discovered that the glass/screened in porch was not permitted. It was a huge shock to the owner since it was built and installed by what he thought was a legitimate company. We insisted he have it permitted - which he did.
Ignore what the seller is saying about getting his dad in trouble. That's not your problem. Insist he have it permitted and just wait for his reply.
...I am purchasing a home in Tampa, FL (Hillsborough County) and put an offer on a house that was accepted. Upon acceptance, it was disclosed by the seller's agent that the big, beautiful covered porch that was added onto the back of the house was done without a permit.
It was indicated in the disclosure that the work WAS completed by a licensed contractor (the seller's father). So my worry isn't necessarily about whether it's structurally sound, my issue is what kind of problems can I be faced with if I were to move forward with this home?
My assumption is that if a licensed contractor built the patio, I would imagine they would be privy to build within compliance of the county's code. But I don't like to assume.
It's a beautiful 1920s (well priced with multiple offers) bungalow located in a gentrifying area that has no HOA or anything of that sort (i.e. no nosy neighbors that would rat the owner out on their new porch).
I want to go through with this house and go through the proper measures to check if it's up to code and, if not, get it up to code and after-the-fact permitted.
The seller has indicated they do not wish to do this prior to sale for fear of getting the seller's father in trouble, and if I did, I would have to do so after the purchase has gone through.
So where do I go from here?
My only question at this point is, what was it exactly that was built without a permit? Was it a "big, beautiful covered porch that was added onto the back of the house" or was and did the seller's father, "a licensed contractor" also build a "patio" in addition to the covered porch?
If so, then you would have two issues to address. In either case, I agree with everyone here who has said that the issue is the complete responsibility of the seller and regardless of how attractive this purchase is to you. Just my opinion but if it were me I wouldn't allow it to interfere with my better judgment. For me anyway, buying cars and houses can just be such an emotional thing that I have to check myself frequently in the process.
Quote:
Originally Posted by blueherons
Yes!! The seller needs to get the permits in place before you even think about buying. If not, in the state of Florida YOU are responsible for bringing up to CURRENT code. It doesn't matter when it was built, it must be up to current code.
You will not be able to close on this property. It has to be up to code in order to be insured and you cannot close without the insurance.
That would be incorrect information for Florida.
If you pour concrete in Florida, you must have a permit.
You are getting some really wrong information on this thread.
What did your realtor say?
I would also add that if a "big beautiful covered porch" was added on to the back of the house", that would fall under the code which addresses structural changes.
Quote:
Originally Posted by thinkalot
The fact that a licensed contractor did not get a permit shows something stinks.
I wouldn't worry about getting him in trouble.
Quote:
Originally Posted by jojow
Ignore what the seller is saying about getting his dad in trouble. That's not your problem. Insist he have it permitted and just wait for his reply.
Agree completely with blueherons, thinkalot, and jojow as well as the multitude of posters who advised you to not go forward with the purchase of this home until the seller "mans up" and does the right thing. It is, after all, their responsibility, not yours.
There's another issue to consider: if the patio was constructed to code at the time it was built, that code may no longer be the same. So what may have been fine had it been permitted and inspected at the time, may no longer be acceptable.
It would still leave you holding the bag should you go ahead with the sale and later find out the patio is not to current code along with being unpermitted and the town refuses to issue a permit under the old code. What the town then can do is order the patio torn down or for you to bring it to current code. Just some things for you to mull over.
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