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Why would anyone buying a home ask the seller if all proper permits were in order when the deck was built? For all they new, the deck was built when the home was built and covered under that permit...who would even ask for that? It is natural to assume that all things done by the prior owner were done according to the law.
Experienced buyers, realtors and real estate lawyers who know how non-permitted work can create expensive problems, that's who. I don't know what it's like where you live, but around here permitting is so expensive and the bureaucracy is such a b*#ch to deal with that it's not uncommon at all for people to try to skirt the permitting process. In fact, it's how one of the tenants in my last apartment building got out of her lease and got her security deposit back: she threatened to call the city and tell them about non-permitted work the landlord was doing on another unit at the time.
It is a naive and potentially costly assumption that everything has been done according to the letter of the law. Maybe first-time buyers don't think about this, but savvy buyers do. Realtors certainly should, and if they don't, they're not doing their job.
It is a naive and potentially costly assumption that everything has been done according to the letter of the law. Maybe first-time buyers don't think about this, but savvy buyers do. Realtors certainly should, and if they don't, they're not doing their job.
I agree with you on this point. When I was purchasing my home, the first thing I did was to go the City and check their records on file for any permits. I didn't want any surprises.
I think at the time, any job costing over $400 required a permit. So it wasn't too hard to figure out what had been done to the house that may require a permit. I was prepared to redo the things I found if I had a problem with the City over lack of permit. But I have never had a problem. Neither the previous owner or the real estate agent provided any information to me on any upgrades to the property. I think you have to look into City records and see what is on file. You can't trust others to give you all the skinny. Do some of the homework yourself.
I agree with you on this point. When I was purchasing my home, the first thing I did was to go the City and check their records on file for any permits. I didn't want any surprises.
I think at the time, any job costing over $400 required a permit. So it wasn't too hard to figure out what had been done to the house that may require a permit. I was prepared to redo the things I found if I had a problem with the City over lack of permit. But I have never had a problem. Neither the previous owner or the real estate agent provided any information to me on any upgrades to the property. I think you have to look into City records and see what is on file. You can't trust others to give you all the skinny. Do some of the homework yourself.
Also, is there is a well or septic check with the health department.
City/County records are not always complete or the structure may pre-date permit requirements.
Sold a home with a small detached cottage built as a photography studio in 1941.
The Buyers made it living quarters and the neighbors complained. I was dragged into it because the buyer's relative was an attorney an alleged I had sold a non-permitted cottage.
I got it all straightened out with a visit to the Code Compliance Officer after searching county records. Only additions after WWII had been converted to digital format and included on the building Departments Data Base... so only a physical document search could provide the proof.
Anyway... I produced the documents for the photography studio to the inspector had said the problem is the bathroom.
The Bathroom was added by the Buyers and had nothing to do with me
City/County records are not always complete or the structure may pre-date permit requirements.
Sold a home with a small detached cottage built as a photography studio in 1941.
The Buyers made it living quarters and the neighbors complained. I was dragged into it because the buyer's relative was an attorney an alleged I had sold a non-permitted cottage.
I got it all straightened out with a visit to the Code Compliance Officer after searching county records. Only additions after WWII had been converted to digital format and included on the building Departments Data Base... so only a physical document search could provide the proof.
Anyway... I produced the documents for the photography studio to the inspector had said the problem is the bathroom.
The Bathroom was added by the Buyers and had nothing to do with me
I live in a home that was built in 1918. Obviously City records are not available that far back, especially permits. But if you are purchasing a more recent home built in the last few decades, these records are probably available to you. In the case of the original poster, a new deck was built in 2005. City records would show whether a permit was taken out or not.
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