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Old 03-03-2010, 12:00 PM
 
Location: UTC
43 posts, read 146,662 times
Reputation: 28

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Like many first-time home buyers, I have been bidding on short sale and REO's for a few months. What I've noticed is that many of these houses have unpermitted, or permit-unknown additions. (An office connected to the house through an enclosed patio)

Particularly this one house that I am interested in more than any one I've seen, too, has additions, and they are unfinished. As far as the structures go, they seem to be done really well, and they need some cosmetic works. The office needs a door, wall paint and floor molding, etc. The enclosed patio seems to be within "No-Permit Required" guideline given by City of San Diego. Electric works for both patio and office seemed to be done, as lighting fixtures and wall heater are installed. Stucco exterior walls are all painted, and it has nice ceilings. I went to see the house on a rainy day, and there was no sign of leaks for flood.

So, here comes my question. If I happen to get this house, I plan to at least get the electric wiring on these additions checked out and bring it to the City's codes. If I do so, I assume, I may need a permit from the city and may have to get inspected. Would that open a can of worms; perhaps that city may require that I get the unfinished additions permitted and fix up all at once or demolish either or both the additions? I plan to eventually finish the unfinished additions and perhaps get the 'after-the-fact permit', but at first, I only want to get the electrical part taken care of, for the sake of safety.

I plan to get a copy of construction permit records from the city, if my offer gets accepted - perhaps, there may be open permit for these additions that have never been closed (like owner running out of money or something). Who knows.

I just wanted to hear your professional opinions/comments/recommendations since house hunting has been hard enough, and I don't want to limit my house choices by entirely eliminating the houses with additions that seem to be okay.

I am pre-approved for FHA and FHA 203k loans. According to my lender, unpermitted additions would not prevent them from funding, as long as the remodel/additions are not hazardous. Of course, if anything bad happens during the escrow, I will have the right to walk out within the 17-day appraisal contingency period. However, I wanted to do more research by asking professionals to know what may be the consequences of buying a house with unfinished addition that I am willing to work on (eventually).

Any comments are welcomed!

Thank you for reading
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Old 03-03-2010, 12:50 PM
 
28,453 posts, read 85,493,153 times
Reputation: 18730
Consult with qualified local attorneys.

Seriously, in SOME cases in SOME jurisdictions the County / City will demand the whole proeprty be re-inspected or out-an-out demolished just to preserve their authority for zoning /permitting. In other cases a fine will need to be paid even if it is clear that work was undertaken by a previous owner, again this may the legal position they have to enforce their rights to liens against the title.

In other cases there may be a procedure to bring the property into conformity that is far more workable.

Without know the specifics of what the process is for your exact situation the advice you would get here is not going to help.

Local qualified attorneys have almost certainly had experience in getting the legal documents together to use the procedure OR have knowledge of what the worst case outcome could be. In either way you NEED to know that before you move forward.

Good Luck!
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Old 03-03-2010, 01:04 PM
 
Location: UTC
43 posts, read 146,662 times
Reputation: 28
Thank you!
After posting the earlier message, I decided to call the city to get the factual information, and I am glad I did!

Both additions (patio and office) plus a few other things (a den and garage) have permits and the record shows all constructions were compled in 1962. On the MLS, the SQF of the additions are not included (as the agent thinks they are unpermitted additions).

My offer has been submitted already, and I am just hoping the seller picks mine as the primary offer to submit to the bank. Now I feel better about the offer and about the removal of obstacle to get the FHA loan. My lender even sent me a letter saying I can tell the seller I can close in 30 days - even it's an FHA loan - for my excellent FICO score.

Wish me luck!
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