No permit when selling house (Austin: real estate, insurance, relocation company)

[settler2013]

We seriously need some advise.

Seller who sold us the house add a room in attic and didn't obtain permit. Now our turn to sell this house for a job move. We made some mistakes in selling to potential buyers so at this point we decide the best is to sell to relocation company to avoid further carrying cost. Relocation company is asking to see a document says we can sell without permit, something in writing from the city. Otherwise we'll have to get a permit before we can sell to them.

Is there such document/policy exist? I can't imagine city will be willing to put it in writing. My husband went to city once and will go there again next week. But we are posting here hoping more people more wisdom. We did contact both seller and seller agent but of course they didn't bother to respond to us. We are also willing to obtain the permit but that might take too much time (means more house carrying cost) and may not be doable?

[CyberCity]

For a wider response, you could try reposting this in the Real Estate section, were there are more folks interesting in real estate questions.

[settler2013]

Cybercity,

I will try that but isn't this type of question Austin specific though? Local policies, local rules...

[CyberCity]

I don't doubt you are right, it was just a thought. Good luck!

[austin-steve]

It sounds like you're trying to ask if a building permit can be obtained retroactively in Austin for unpermitted work done perviously to your home, before you owned it.

Possibly. If the expansion into the attic is allowable and permitable, you should be able to get a permit. If not, you won't and you may have to undo the work.

It's a good idea when buying a house that has been altered to check for permits on the city of Austin website. Often there are open permits from years ago that were never closed, or no record of permits for work that was obviously done, like additions.

A seller is required, on the seller's disclosure notice, to disclose whether the home has had any unpermitted work done. It doesn't matter who owned it when the work was done. If it's caught, the current owner is responsible and will have to go back against the previous seller if you feel like it wasn't properly disclosed.

Depending on what sort of jam this puts you in, or not, you may need to talk with an attorney.

Steve

[car957]

Was a rescue-escape window added when the attic was changed to a dwelling/sleeping unit? If not, you should consider demolishing the room and return the space to its original function.

[Kosmonaut]

The good news is that all this time you didn't have to pay the property taxes for the added value from the renovation. In the end, you can't game the system.

[CptnRn]

Originally Posted by car957

Was a rescue-escape window added when the attic was changed to a dwelling/sleeping unit? If not, you should consider demolishing the room and return the space to its original function.

I am also wondering if the access to the attic meets code requirements.

[CarnivalGal]

I am more curious as to why you bought the house without the proper permitting. If the seller didn't disclose it, then he should have heard from your attorney as soon as you found out. If he did disclose it, then it's kind of your fault for looking the other way. You had to know it would be an issue at some point. In fact I'm surprised your insurance company didn't say anything.

I would get a Real Estate attorney. They tend to be able to get things done a lot quicker than you can alone and may save you money in the long run.

[pmiranda]

Call it a closet and sell the house. Done.