Permit was not pulled to dig basement and finish… home now for sell, buyer likes home but??? the liability they would have with assesor and regional

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Permit was not pulled to dig basement and finish… home now for sell, buyer likes home but??? the liability they would have with assesor and regional

Seller did not get permits to finish their dirt basement nor put on a deck. what wold buyer liability be and how should they proceed? Like property but concerned about future ramifications.

Asked on July 2, 2009 under Real Estate Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You're right to be concerned about this.  If you don't simply want to look for another place (and even if you do), I'd advise hiring a lawyer to handle the transaction for you.

It may be possible to get some indication from the local building code official what the government's view on this would be.  If the seller is required to get a certificate of occupancy for the closing, it may be the seller's problem.  Otherwise, I'd want to be sure at the very least that the work was all up to the building code standards, because otherwise there would be compliance costs.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You're right to be concerned about this.  If you don't simply want to look for another place (and even if you do), I'd advise hiring a lawyer to handle the transaction for you.

It may be possible to get some indication from the local building code official what the government's view on this would be.  If the seller is required to get a certificate of occupancy for the closing, it may be the seller's problem.  Otherwise, I'd want to be sure at the very least that the work was all up to the building code standards, because otherwise there would be compliance costs.


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