house without permits - Real Estate help

Discussion in 'Discussion Group' started by DeniseL, Oct 24, 2008.

  1. DeniseL

    DeniseL Well-Known Member

    My brother found a house in Clayton he wanted to buy. The current owners remodeled the garage into another room but never got the permits before doing so. They are unable to get permits now from Clayton. Has anyone been though this before? Anything to worry about? He is afraid if he buys it he will never be able to sell it again.

    Thanks!
     
  2. DMJmom

    DMJmom Well-Known Member

    Hmmm...I'm not sure how that works. Are you sure he can't get it inspected now? I am pretty sure he can't count that as heated space, and I think there's some rule about insurance too, but can't remember. Like if there was a fire that starts in that room, or something in that nature, he wouldn't be covered, since it was never inspected.
     
  3. mom2~1boy

    mom2~1boy Guest

    Hey I would call a home inspector, I believe the way it works is it can not be counted as sqft on the home and be an extra value to the house, if you can get it inspected and know that it was constructed well it may be worth investing in. I would recommend Trenton Seagroves 669-6332 he is also a licensed realtor so he can answer alot of questions for you.

    Good Luck
     
  4. blessed2adopt2

    blessed2adopt2 Well-Known Member

    IMHO I can't think of a reason it can't be inspected. A friend of mind did this, in that she had an attic space remodeled as a kid's playroom. She did not have permits pulled. When it came time to sell her house, it did cost her extra because she did have to have permits pulled and it was found that the electrical was not to code, so it was not safe.
     
  5. PoohBear

    PoohBear Well-Known Member

    I would call the Town of Clayton Planning and Inspections Department. 553-1545. Mr. Browder is the Director. They will advise what needs to be done. I would make sure this is cleared up prior to purchasing the property.
     
  6. DMJmom

    DMJmom Well-Known Member

    I thought you could get it inspected after the fact. I'm sure they don't like to do it that way, ie, the wrong way, but thought it could be done. I'm not sure how much it costs, but I agree with calling the town and checking.
     
  7. DAH22

    DAH22 Well-Known Member

    We are having an issue like this and it can be inspected just the cost is double. However, if the home is not inspected many real esate agents may refuse to sign the under them later and/or may have him REQUIRED to buy a warranty or actually fill out a statement that agrees he will be held responsible for anything that goes wrong with that sq footage for the life of the home.... This same issue is happening in my subdivision now!
     
  8. DeniseL

    DeniseL Well-Known Member

    yea, the owners told him they had contacted Town of Clayton and they indicated they would have to rip up everything that was done, floors, walls as that was the only way they could inspect the electrical and plumbing so therefore they could not get permits. I thought that sounded strange. Thanks for all the replies.
     
  9. dgsatman

    dgsatman Well-Known Member

    If he buys it, obviously the current owners are able to sell it, thus he should be able to also.... :?
     
  10. smiles

    smiles Well-Known Member

    I would say, Buyer beware! You don't know what kind of work was done in that room. A former coworker of mine lost everything (insurance would not pay) because the previous owners had done the same thing. The electrical work was not done to code, and it caused a fire that completely destroyed the house. I would put into the contract that it had to pass the appropriate inspections retroactively AT THE SELLER'S EXPENSE, or the buyer can back out of the contract. For all they know, their good buddy ran the wires/did the plumbing/etc. and he isn't trained or licensed, just a guy who likes to tinker with this stuff.
     
  11. Wayne Stollings

    Wayne Stollings Well-Known Member

    That would have been true in the 1930s when there was no law requiring permits, but we are in the 2000s where the law does now. If any illegal action was involved in a loss for which an insurance company may be liable they have the ability to deny the claim and the courts will generally support that position. Unless a determination there was up to coade and thus not a problem with the illegal addition or modification the insurance company has a prima facie case that it was not and is a likely cause. The fact older homes may have a problem is why some insurance companies will require an inspection to maintain any coverage.
     
  12. Wayne Stollings

    Wayne Stollings Well-Known Member

    Sorry, but there is enough information presented elsewhere by real estate and insurance professionals to refute this blanket claim.

    Not being inspected or having a permit for the work would be illegal wiring and if there is a fire that can be traced to it, it will result in no liability for the insurance carrier.
     
    Last edited: Oct 27, 2008
  13. smiles

    smiles Well-Known Member

    The couple I'm talking about hired a "friend" to help with the remodel. He cut corners by not drilling holes in the studs for the wires to pass through. He just put the wires between the wallboard and the studs. The insulation on the wires became worn away, and the fire started. Because the work was not done by a licensed electrician and it was an illegal remodel by the county/city codes, the insurance company did not pay. The court sided with the insurance company. Needless to say, the lawsuit then went to the "friend" who is now bankrupt.
     

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