Buying a home with work done without permits.

David
Home Buyer
08865

My wife and I are looking for a home. We came across one which we like very much. However, the garage was converted into an Adirondack room without any permits. If we buy the house "as is", can my wife and I be on the line for the work being done without permits? And are there any other consequences if we but this house?

Answers (7)
Kenneth Verbeyst...
Agent
Princeton, NJ

David, I suggest you also read your proposed contract closely (standard contract often includes language requiring seller to get required permits) Even if the inspector is ok today, that doesnt guarantee a pass in the future and when you go to sell; it could be a major sticking point. While local inspectors are the enforcers they still follow state laws. In addition the work done may not be so extensive that getting permits would be a problem.

Wed Sep 3 2008, 06:44
Bill Eckler-Flo...
Agent
Venice, FL

David,

We would agree with the group in general. This is a problem that is best referred to the local authorities. Permit and code violation fall out can vary from one community to another. It's best to go directly to the authorities for insight on this concern.

Good luck,
The "Eckler Team"

Tue Sep 2 2008, 16:03
Sharon Kozinn
Agent
Bergen County, NJ

David,
You need to contact the town department that handles this and deal directly with them. They will advise you how to proceed.
Good Luck,
Sharon Kozinn

Web Reference: http://sharonkozinn.com
Tue Sep 2 2008, 13:58
John Sacktig
Broker
East Brunswick, NJ

The township would need to come in and inspect the work done and you would be liable for the permit and the fine for doing the work without permits. I would look into purchasing the house and have the current homeowner pay for the permits and fine. You may then be open to the tax assessor re evaluating the home and a tax inncrease will follow.

Tue Sep 2 2008, 13:16
Jeffrey T. Vroom
Agent
08809

Hi David,
Are you buying through an agent? Your aent will be able to answer your questions. If you need an agent, I will be glad to help. I live in Warren County and am very familiar with local codes. I have a client who has a very similiar situation in Washington Twp.
Once you purchase the home, you purchase EVERYTHING, including outstanding permits, and work done without permits. The tax assessor will drop by shortly after your purchase and take a tour of the property. If there is a basement that has been finished and he didn't know about it, your taxes will go up! Please email me and I'll be happy to hepl. jeffreyvroom@yahoo.com

Tue Sep 2 2008, 12:12
Paul Howard
Broker
Cherry Hill, NJ

The construction office in the town where the house is located could make you take it out.
They would at least require you to get and pay for permits and do any work required to make it meet code.
The assessor would re evaluate the house and that could affect the taxes. (In this case you lost a garage and gained living space so it might be a wash).
Call the construction in the township and ask them. At some point they WILL find out.
I had a similar situation last year where the seller had finished the attic. We included provision in the contract requiring the seller have it inspected and reassessed and put a cap on how much the tax could be increased.
AND, the seller did it.

This is an EXTREMELY common situation. Unfortunately.

Paul Howard Broker
NJHomeBuyer.com Realty
NAEBA member http://www.naeba.org

Paul Howard, Broker

Tue Sep 2 2008, 11:58
William Leigh H...
Broker
New Jersey
FIRST ANSWER

David: Any home construction requiring permits REQUIRES PERMITS. If the Municipal authority discovers that work has been done without approval, perhaps during the CO inspection or at some subsquent time, there will be only two alternitives: One: Tear it out Two: Get all the inspections done, which may include tearing out major portions to see things such as plumbing and wiring behind walls. It will also entail paying the permit fees, which are usually based on current construction costs.

Bottom line: No permit, no purchase.

Tue Sep 2 2008, 11:56

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