Admin

WE HAVE A REAL PROBLEM BREWING IN OUR COUNTY OVER BUILDING PERMITS

By
Real Estate Agent with Windermere Real Estate/West Sound, Inc.

About one month ago we lost a sale as a result of an inspection process wherein the inspector wrote that a building permit for an add-on RV garage on the home had never been approved or signed off.

 The would-be buyer was so concerned that he might have to tear down this beautiful garage, or at least have it reinspected and brought up to today's criteria, that he opted out of the contract.

After much research on our part as the sellers agents we found the following:

a. The sellers had lived there 4 years and had no knowledge of the 10 year old permit or it's status.

b. The County could not tell us what their archives on the matter were because there was a suit being brought by one of two contractors who maintained the archives for the county and therefore none of this kind of data could be accessed at this time.

c. The sellers contacted the original owners and their contractor and were told the final inspection had taken place and the permit was signed off. The contractor indicated he would sign an afidavit to that effect if needed.

As Realtors we begged the question why an inspector had checked with the county in the first place to determine if an old permit had been satisfied. He didn't document any problems with the structure, he just raised the question about the permit. In any event he instilled enough doubt and concern in the mind of the buyer that the deal was not consummated.

Now comes an article in our local paper, the Kitsap Sun on 7 March revealing that there are thousands of building permit "in limbo" in our county from many years back (See Article Here). In the article it pointed out some 2,700 building permits were never officially closed out. But the real eye opener in the article goes on to state how the county has handled some of these "open" permit issues over the years. There are many examples of actions the county has requested, most of which would require large expenditures by present day owners, most of whom were not even the owners when the supposed transgression occurred.  

Lastly many of the home owners have been paying taxes for structures listed on their respective county records that the county claims have not satisfied their own building permit requirements??

The good news is that a local developer, Ron Ross has come to the aide of one couple and documented the situation, at a cost of $14,000 (see video at www.kitsapspeaks.com) in order to help the county and the public resolve this long standing problem.

Show All Comments Sort:
Kaushik Sirkar
Call Realty, Inc. - Chandler, AZ
I wonder if this problem is localized to your parts or prevalent across the country?  Any others encounter similar issues on a large scale?
Mar 08, 2007 12:47 PM
Kelli Fronabarger
Bend River Realty Inc. - Bend, OR
Realtor - Bend Oregon

I was made aware of a similar issue at our last office meeting and was very surprised to find out that 90% of the homes in a popular subdivision had never been inspected and signed off. Many of these are older, manufactured homes in a community of hundreds, not thousands but still? Where was the county in all this and how does this affect potential buyers and sellers?

Mar 08, 2007 01:27 PM
1~Judi Barrett
Idabel, OK
Interesting post and one that probably relevant to many areas in the United States.
Mar 08, 2007 01:34 PM
Ryan Allie
Living Puget Sound - Des Moines, WA
Creating Your Puget Sound Lifestyle
That is a shame about the permit. Unfortunately local government has too many changes which in turn leaves things undone. I have never had an ispector even bring up the possibility of a permit. Is this something that is becoming more and more common? I thought inspectors were only supposed to comment on the condition of the building and the surrounding land. I guess you won't be using that inspector in the near future. 
Mar 08, 2007 01:59 PM
Rich Jacobson
Fathom Realty West Sound - Poulsbo, WA
Your Kitsap County WA Real Estate Broker

Hey, Lyle. I think the cost for Ron Ross to produce the video was $14,000. You should also check your link to the story in the Kitsap Sun. You have an e-mail prompt that pops up instead.

A very unfortunate story. I hope things work out for the Groene Family.

Mar 08, 2007 02:07 PM
Herb Hamilton
RE/MAX Preferred Inc. Realtors - Portland, OR
Real Estate Broker ,CDPE, Downtown Portland

To my knowledge there is no government agency handling permits satisfactorly. In Portland just a few years ago they permits were still all on Index cards. Unscrupulous Contractors would go to the permit center, ask to see the permit which was freely handed out to whoever wanted to view it as long as they took it no further than the waiting room counter. As most of the information was filled out in pencil it was easy to change. For example: If you wanted to show that the house was not a 1 bath house, you would enter a 1/2 bath behind the 1 and voila you would return the index card. Go around the corner to the permit center and ask if you could get a permit to say make a change by adding a tub instead of a shower. They would look and say well sure cause you already have 1 1/2 baths.

Home inspectors are necessary but they can cause sale fails. Let the word get around. And hopefully those inspectors will be out of business or at least learn to keep their oppinons to themselves

Mar 08, 2007 03:34 PM
Kaye Thomas
Real Estate West - Manhattan Beach, CA
e-PRO, Manhattan Beach CA
Most people don't understand the importance of obtaining a building permit for work they do to their property.. They often think it is too expensive or cumbersome.. Often they choose a contractor who either doesn't want to apply for the permit or isn't a licensed contractor and doesn't want red flags on his work.. When they want to sell their 3 bdrm 2 bath home they are stunned to find that an appraiser will only count the permitted sqft.. suddenly the 3 bdrm 2 bath is now a 2bdrm 1 bath and they can't get a high enough appraisal to meet the purchase price..
Mar 08, 2007 03:37 PM
Rita Taylor
None - Sanford, NC
Sanford NC Real Estate - Homes for Sale in Sanford North Carolina

In the example they are linking to here there was a building permit.  The prior owner had the project inspected all the way through getting an occupancy permit.  They failed to "close out" the permit which was more of a technicality than anything else.  I know the permitting process is intended to prevent unsafe building practices but the example Lyle and Karen linked to is government run amok.

In the case of their client, it wasn't that there was no permit - the government had lost a bunch of permits and could not find one.  The contractor was willing to sign an affidavit saying he had closed out the permit.  Sounds like their client needs to join the lawsuit.

Rita 

Mar 08, 2007 06:43 PM
Danny Smith
DISCOVER TEXAS HOMES - Round Rock, TX
Seems there is a big problem in the county concerning the permits of past years. However with a big push form the community I bet they can forgive those issues. And start keeping better records going forwards. I see another issue here though the Home Inspector had no place in making comments etc. about the permit. He is there to only address functional & safety issues. He isn't even there to make comments on aesthetic features. Just plain and simple functional & safety issues. If I were the seller I might speak to this company about their causing the home not to sell. Also I would be using another inspector in the future.
Mar 08, 2007 07:04 PM
Michael Roberts
Real Estate Professionals of Glynn - Saint Simons Island, GA
Inspectors and permits... what a ball of wax.... In my opinion doesn't matter where you are they are all about the same....LACKING!
Mar 09, 2007 01:08 AM
Cheryl Johnson
Highland Park, CA

Disclosing permit status has been a big deal in Los Angeles California for several years.  Think:  lawyers, lawsuits, $ settlements.  The inspector was engaging in a little bit of CYA in researching the permit status.  Good for him/her, and you!

Suppose the inspector said the garage is "just fine".  And suppose a short time after closing, somehow or other it comes to light the the structure did not have a building permit, and the buyer ends up paying fines and fees to get it permitted.  Maybe the buyer even has to make some alterations to bring it up to code.  Worse case:  Buyer has to tear it down.  Guess who gets sued?  The inspector, the sellers,  ~and~ the real estate agents.

Mar 09, 2007 01:32 AM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
That is absolutely horrible. I think there should be a time limit. If they are received and not signed off on in a certain time, they become valid. You can't be expected to wait 10-15 years in a home for a permit....
Mar 09, 2007 01:45 AM
Terry Lynch
LAR Notary and Closing Services - Saint Clair Shores, MI
I agree with Christy, put a statute of limitations on enforcement of building permits.
Mar 09, 2007 01:54 AM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

On our Sellers Property Disclosure Statement there are questions about obtaining permits and final inspections. They are important. When this issue comes up, it needs to be handled, just like all the other issues that come up. On my last listing, the selling agent discovered that a 10 year old furnance installation never had been finaled. He was doing his job and looking out for his client. My client had hired a company, who was no longer in business, and had no idea if it was done. Was it the company or the counties fault? Who knows! We paid for a permit, less than $50.00, had it inspected and closed the deal.

Mar 09, 2007 02:24 AM
Mitchell J Hall
Manhattan, NY
Lic Associate RE Broker - Manhattan & Brooklyn

It's a good thing those buyers found out in advance and walked. If they bought the house they could sue the seller, the listing agent and the buyers agent.

It is the listing agents responsibility to find out the legal size and room count or if renovations were legal. Just because a seller tells the agent everything was legal or they bought it that way is not enough. The listing agent needs to do their homework before they market the property.

Mar 09, 2007 05:18 AM
Lyle and Karen Hansen
Windermere Real Estate/West Sound, Inc. - Silverdale, WA

To all of who have commented, thank you. Many great thoughts that we will bring to our brokers attention and point out to our fellow agents.

For some specific responses we would like to make the following comments:

First of all the video cost $14,000 - I think I had a comma misplaced.

 Lynda - The inspector called the county and found out that the permit, over 10 year old, had never been signed off or accepted i.e. they had no record of a final inspection.

Ryan - We represented the seller hence we had no choice over who the buyer selected.

Danny - "Right on" as to what we think the inspector's role should be.

 Mike - Our state is different than NY. When listing we are supposed to use county records and a five page Disclosure Form that the seller provides for much of the listing information. We are encouraged not to measure room sizes and such.

A last general thought that many of our agents are asking. Where does the Title Insurance fit into all of this? Even though it is not a lien, shouldn't buyers be protected from these situations? It appears the more recent policies handle it differently from earlier ones. Some employ deductable concepts as well.

Mar 09, 2007 06:06 AM
Lynda Eisenmann
Preferred Home Brokers - Brea, CA
Broker Associate ,CRS,GRI,SRES, Brea,CA, Orange Co

Hi Lyle & Karen,

Thanks for the response.  Wow, I'm really surprised.  Is that common for your area?  And are inspectors checking for permits in other states?  I've never heard of such a thing!

And as for title, seems to me that's a whole different thing.  Physical condition (unless it's an encroachment?) vs. a title issue.  We rarely have a title company even drive-by a property.  Once is a blue moon if there is an unlocated easement they drive by, but that's about it.

Thanks again,

Lynda Eisenmann, CRS, CRB, GRI, SRES, e-PRO

 

 

Mar 09, 2007 05:28 PM
Lyle and Karen Hansen
Windermere Real Estate/West Sound, Inc. - Silverdale, WA

Thanks Lynda,

 

Well, there has been a series of problems unearthed in our county permitting process such that we will need to keep all of our followers posted on this issue.

Lyle

Mar 10, 2007 03:07 AM