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Selling a home with "no-permit" renovations? Is there any liability?

By
Real Estate Broker/Owner with Cornerstone Business Group Inc 0225086119

Do you have a home listed that has had construction done without permits? How can you tell? You can ask the owner or you can compare the tax records to the listing write-up. I see listings all the time that have 4 bedrooms / 3 bathrooms, and when I look at the tax records, I see 3 bedrooms / 2 bathrooms. That's a good indicator that work has been done that was not under a permit and not inspected.

You can also call the local inspections office to see if permits were ever pulled on the property. I was in the inspections office today, and I asked the permit tech what happens when a property is sold that has un-inspected work done on it. She said the liability passes to the new owner. 

That inspired me to call my insurance agent about liability in the same case. She said that in the event of, say, a fire, the insurance company would still cover the expense. It would be called "sudden and accidental" damage.

The key is that the new buyer did not know the quality of the work done. Once walls are covered with drywall, it would be difficult to know if the wiring, plumbing and insulation were done to code or done in a quality way. The assumption is that it was done in a safe and code compliant way. If the buyer knew otherwise, the liability may shift. Regardless, the repairs would be required to be done with permits.

My advice to buyers, and I have done this, is to create a contingency that requires that previous finished work be inspected by a county or city inspector. In my electrical company, I call permits and inspections "cheap insurance." Once an inspector signs off on work my crew has done I can always go back to that "passed" sticker and show that it passed the local, state and national codes. That means that it was done in a safe and professional manner.

Of the professionals I spoke with today, none believed the listing or selling agent would carry any liability for selling a home with un-inspected renovations. But, could these renovations be considered latent defects? That's a question for a real estate attorney. 

Knowing whether renovations have been done is one of benefits of working with Cornerstone Business Group, Inc. At Cornerstone, we're agents and we're contractors. We often find construction issues when viewing homes. That added insight gives Cornerstone clients an advantage when buying a home.

 

Comments(41)

Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552

Another risk, depending on the municipality, is that unpermitted improvements have been required to be removed.  You can bet that the new buyer will come back to look for liability of the seller, and possibly the agents.  Our Sellers Disclosure requires the seller to disclose any improvements and whether permits were obtained.

Dec 03, 2015 09:39 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Now a days it is fairly easy to find out if permits have been pulled.  Most city and county building departments have online searchable databases.  If you come across a listed house that has just been remodeled, make sure the check online and see if permits were pulled.  If they have not, the seller may be forced to give the buyer a price discount.  Wise buyers have already caught on to this . 

Dec 03, 2015 09:46 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Between disclosure and the buyers inspection, what can go wrong?

Dec 03, 2015 10:06 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Mike, this is important stuff, and it's one more thing that will get a buyer's offer moved to the bottom of the stack in a multiple contract situation.  And I'm guessing that a lot of work done in my area is not permitted.

Dec 03, 2015 10:17 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

There are responsibilities on buyers, sellers and their agents to disclose known issues and facts that affect the property.  Inspectors typically check the the permitting records as well.  When I have done all I can, I rest easy.

Dec 03, 2015 11:14 PM
Tina Parker
EXP Realty Canada Inc. - Halifax, NS
Managing Associate Broker

Great points. Definitely a conversation to have with sellers and buyers for that matter. I'm sure they'd have peace of mind buying a home that has permits versus one without.

Dec 04, 2015 01:56 AM
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

As long as unpermitted renovations are disclosed as unpermitted, by seller and their agent, and buyer has done their due diligence to their satisfaction, home inspection and/or other inspections, then it's a go. Homes are sold this way. When it's purposely undisclosed, then there could be a problem later.

Dec 04, 2015 02:47 AM
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

You have hit a topic that is of importance to sellers, buyers and agents. When in doubt, a disclosure is key for all involved. Discrepancies usually become apparent during appraisal process when unpermitted work has been performed on a property. To lower ones liability...disclose.

Dec 04, 2015 03:54 AM
David Alan Baker | Laveen & South Phoenix Realtor
Keller Williams Realty Phoenix - Laveen, AZ
Your local Expert

I'm a believer in disclose, diclose, and disclose.  Should a seller have the right to sell a home that has done un permitted work so long as they disclose?  Hmmmm

Dec 04, 2015 05:32 AM
John Wiley
Fort Myers, FL
Lee County, FL, ECO Broker, GRI, SRES,GREEN,PSA

Mike, this is a very thought provoking post.  I believe we should disclose what we know and urge inspection for the rest.

Dec 04, 2015 08:53 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Disclose, Disclose, and then disclose a little more.  But the sale is legal.  Might be a down side on the value.

Dec 04, 2015 08:57 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

It bothers me that almost everyone but me thinks it's fine and wonderful for a government agency to approve or disapprove of anything that happens regarding a homeowner's personal property...(personal meaning - it's THEIR home)

Are we all so fond of Big Brother?

I remain thankful that I live in a county where the commissioners simply fired the building department. They had gotten heavy-handed and overbearing and people were paying for ridiculous permits. WHY should someone need a permit to install new kitchen cabinets? (Answer: Only because the government wants the fee.)

As many of the home inspectors here at AR have pointed out, homes that have been inspected by government workers can still have serious, even dangerous, defects. So why does everyone want to depend upon them? 

In our county the inspectors were failed contractors or carpenters who had been fired by every good contractor in the county. They knew "not much." Are you all sure that the inspectors in YOUR city or county are better? 

Dec 04, 2015 12:11 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Mike Cooper I used to do that in buyer's market - and sellers would oblige. Not any more!

For them - who's next who is ready to buy the home without bothering them about permits! (or repair work..or...)

Dec 04, 2015 03:07 PM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

As many have said, disclosure on the part of the seller is important.  Having the home inspected by licensed professionals during an option period cn also be beneficial in shedding light on the structure and systems.

Dec 04, 2015 04:03 PM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

Liability is the responsibility for the seller since they completed the TDS without indicating any known issues that was discovered either before closing or after closing, don't you think?

How could the listing agent be responsible for any issues that were not evident? Would the home inspector also be negligent in not recognizing telltale signs of craftsmanship or shoddy work that should be reported to the buyer to be more diligent before closing? Provoking post.

Dec 04, 2015 07:28 PM
Raul Rodriguez
Covenant Partners Realty - San Antonio, TX
Looking out for the client's interest and not my p

Disclosure and inspections seems to be the most common comment made on this subject...signed documents from both sellers and buyers can also serve as protection from being sued for lack of due diligence.

Dec 04, 2015 10:53 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

The assumption is that it was done in a safe and code compliant way. - yep, that assumption word is really huge here. Every buyer assumes things are done to code. One of the reasons a home inspection is important.

That's one of the reasons that the sellers fill out the disclosure without your help.

Dec 05, 2015 03:30 AM
DEANNA C. SMITH CERTIFIED MOBILE NOTARY
Certified Mobile Notary Signing Agent - Smith Mountain Lake, VA
Highest Ranked Certified Mobile Notary in Virginia

You bring up an excellent point Mike Cooper and further justify my telling every buyer to "Get a home inspection".

Dec 05, 2015 05:36 PM
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

You bring up some very important questions ... I have a form I use when meeting with a seller.  I ask the questions and make sure they disclose, disclose, disclose.  Not worth a problem at inspection time - nor after the closing issues.

Dec 06, 2015 09:47 AM
MaryBeth Mills Muldowney
TradeWinds Realty Group LLC - Braintree, MA
Massachusetts Broker Owner

very interesting, if buyers will give me their time I like to go to the Town/City hall of the community they are purchasing in.  I then introduce them to the different departments in their town hall and the employees there. 99% of the town hall employees are so helpful and make my new buyer feel like a member of their city or town already as they explain items in their building file or board of health files for septic designs, etc.  It is a very good bonding experience for my Buyer with their new hometown and also reinforces that I am doing good PR for their town halls too and that these valued employees of Town Hall are appreciated!

Jan 02, 2016 02:19 PM