Foreclosure in Glen Park>Question Details

Sang, Home Seller in Glen Park, San Franc...

I am buying a foreclosure home but the owner did not obtain Building permits for pool and patio.

Asked by Sang, Glen Park, San Francisco, CA Fri Jun 26, 2009

PLEASE DO NOT ANSWER "CHECK WITH LAWYER, INSURANCE, ETC." PLEASE ANSWER ONLY IF YOU KNOW THE ANSWER.

1. Is there a liability to me If I buy this property?

2. Do I need to pay the permit fees and Any back dated penalty?

3. Also how does this reflect on my Future property taxes?

liability to me

If I buy this property? Do I need to pay the permit fees and

Any back dated penalty? Also how does this reflect on my

Future property taxes?

Help the community by answering this question:

Answers

4
Joe Nernberg’s answer
Okay, I will take this on.

1. Is there a liability to me If I buy this property? YES. CODE ENFORCEMENT WILL HOLD YOU LIABLE FOR ILLEGAL ALTERATIONS. YOU BUY, YOU OWN IT.

2. Do I need to pay the permit fees and Any back dated penalty? YES, THERE WILL BE PERMIT FEES. NO PENALTY IF YOU PURSUE THE PERMIT PROCESS BEFORE THEY CATCH YOU. DON'T FORGET TO BREAK UP A SECTION OF THE SWIMMING POOL SO THE THE CITY INSPECTOR CAN VERIFY PROPER REINFORCEMENT, ETC. HOW DEEP ARE THE CONCRETE PATIO FOOTINGS? EXCAVATE TO VERIFY. ALSO, THE UNPERMITTED ALTERATIONS MUST COMPLY WITH "2009 CODES."

3. Also how does this reflect on my Future property taxes? ASK YOUR ACCOUNTANT.
1 vote Thank Flag Link Fri Jun 26, 2009
One other point you may want to consider. If the pool & patio were not built to code, or worst, built in a defective manner so as to increase the risk of injury or damage to your property, you of course want to know. So when you do your inspection, you want to mitigate this risk of liability by perhaps having more extensive inspection done by a expert specializing in concrete work or pool construction.

Jeffery Woo, Esq.
Sedgwick, Detert, Moran & Arnold LLP
Complex Rental Housing Group
415-627-3607
jeff.woo@sdma.com
0 votes Thank Flag Link Thu Jul 2, 2009
Just to add my two cents, prior to showing a home to a client where I know substantial work has been done, I do an online search to determine whether permits have been pulled. If there are no permits evident for the work, the property does not get shown.
0 votes Thank Flag Link Fri Jun 26, 2009
Hello Sang, and thanks for your question.

Unfortunately, much as we'd all like to provide you with a legal answer, as Realtors, we're woefully ill equipped to render a legal opinion, and your question is a legal one. However, I think I can steer you towards a department that can answer your questions without charging you any money, and that is to encourage you to contact the Planning and Building Department of the City and the Assessor's office of the County of San Francisco.

You do not need to provide an address in your question, but it's best to learn directly from the professional in each of these departments how to obtain a permit for an already built item, and to determine how this might affect your property taxes. You need to invest some time with the County and City in obtaining an answer, but it will be time well spent (and without charge) to learn how purchasing this property may affect your ability to sell the home in the future, and to maintain certain aspects of the property.

Good luck!!

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
San Jose, CA
0 votes Thank Flag Link Fri Jun 26, 2009
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