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Old 04-24-2012, 02:07 AM   #1
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i am interested in purchasing a property and the current owner said the addition is not permit, however the additon was done before 1984. I want to get the additon permitted, do you think it would be wise to purchase and then get a premit to make the addition legal

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Old 04-24-2012, 07:09 AM   #2
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That should be done by the current owner. Buying it without proper inspections opens you to all sorts of issues., and possibly, major expense. Depending on where you live, it could be a simple process, or you might have to tear it down and start over.

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Old 04-24-2012, 07:25 AM   #3
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i am interested in purchasing a property and the current owner said the addition is not permit, however the additon was done before 1984. I want to get the additon permitted, do you think it would be wise to purchase and then get a premit to make the addition legal
Come on now! If you did that and there were problems, who would pay for those problems?
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Old 04-24-2012, 07:54 AM   #4
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Joe makes an excellent point. You would need to make them pay for it (if they accept those terms). There will be penalty fees from the Town and there likely will be corrective expenses involved.

Do you want to pay for those, considering its the current owner's violation and they should be the one responsible (financially)?
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Old 04-24-2012, 08:19 AM   #5
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you cold ask this question at the local building office, where ever that is. Don't give them the address, just tell them what you told us. Being it's so old, they amy not care.
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Old 04-24-2012, 08:24 AM   #6
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Yup, what they said.

If your worried about the house being snapped up make your offer contingent on them getting it legalfied.
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Old 04-24-2012, 09:14 AM   #7
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Are you really dead set on this house? Idunno ... something about the owner saying "Yep, this addition is built totally without permits" just screams "run" to me.
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Old 04-24-2012, 09:31 AM   #8
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Taxing authority is the one to check with. They come around and look periodically and if he has been paying tax on it then it is legal.
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Old 04-24-2012, 09:49 AM   #9
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There are two somewhat different issues here. Issue one is whether a building permit was required when the addition was constructed. This is a matter of concern to the building inspector. If a permit was needed (likely), and not obtained (as stated by the seller), then the building inspector would presumably have the right to require that the addition be inspected (by the building inspector), and any code violations corrected.

This is not such a simple matter, since the building inspector might grandfather the addition so that it had to meet 1984 code, which could be very different than current code, especially on the electrical side. So it really would be the call of the building inspector as to what work is needed to allow him to issue a building permit for the work.

The second issue is that of taxation. In my town, and I am going to guess your town, the taxation authority is keenly interested in squeezing every last dollar of property taxes they think are owed. This means that when an addition is installed, the taxable basis of the house goes up, and the total real estate tax owed increases. Since the owner did not get a permit, it is possible the taxation authority was unaware that an addition had been placed on the house, so the tax basis could have been incorrect since 1984. The taxation authority might want to collect back taxes for this period of time, which could amount to a lot of money.

Personally if I were dealing with this situation, I would want a real estate attorney to advise me, since there seem to be a lot of pitfalls here.
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Old 04-24-2012, 10:20 AM   #10
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Quote:
Originally Posted by Josiesuccess View Post
i am interested in purchasing a property and the current owner said the addition is not permit, however the additon was done before 1984. I want to get the additon permitted, do you think it would be wise to purchase and then get a premit to make the addition legal
There's just about no way to accurately answer this question, other than to say that this non-permit addition is the seller's responsibility. If the house is being sold through a real estate broker/company, they should be able to walk both seller and buyer through all the legalities of this.

If you cannot get clear answers, walk away from this property.

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