Home Buying in 78703>Question Details

Kate Greene, Real Estate Pro in Austin, TX

Whose responsibility is it to check for open permits in the city of Austin when selling a house?

Asked by Kate Greene, Austin, TX Sat Aug 18, 2012

The seller disclosed that the windows were not to code but not that there was an open permit on the property. Now we want to build a pool and need to have the permits closed before we can apply for our pool permit.

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Scott Godzyk’s answer
The buyer should check BEFORE buying and make it part of your offer or make or at least do it during the inspection period and make thh request BEFORE you close to have the seller take care of any of these problems.
0 votes Thank Flag Link Mon Sep 9, 2013
Typically the buyers. If the sellers did any work that required permits, then that should be the exception as it would be disclosed in the sellers disclosure.

Open permits can be a little costly but there are specialists who can help expedite the process, typically old employees of the city. If you need one, drop me a line.
1 vote Thank Flag Link Sat Aug 18, 2012
The buyers agent during the Option period time line.
0 votes Thank Flag Link Fri Sep 19, 2014
The buyer or buyers agent should check this during their feasibility/option period.
0 votes Thank Flag Link Mon Sep 16, 2013
You can go to the building department and ask to see any permits on the property without closing escrow. It is your job to do all due diligence on the property, not your agent’s job. I suggest you go see if they are still available.
0 votes Thank Flag Link Mon Sep 9, 2013
For City of Austin permits check their website.
Web Reference: http://goo.gl/TtETD
0 votes Thank Flag Link Wed Apr 17, 2013
Guy said what I would of...I would only add that your Realtor could have checked as well, IF you used one and they were thorough. Good luck!!
0 votes Thank Flag Link Sat Aug 18, 2012
It falls on the buyer. The seller should disclose this IF the seller is aware. Often though, contractors will forget to close them out and they sit in the city's file for years before popping up in a situation just as yours. So, the seller may not have known about the permit either. Buyers can check for open permits on the city's web site.
0 votes Thank Flag Link Sat Aug 18, 2012
This is a more frequent and common issue. It falls on the buyer, though the seller is expected and required to disclose. I make it a practice now to search the city records for any home a client has under contract. if you need help with the permit, I can make a recommendation.
0 votes Thank Flag Link Sat Aug 18, 2012
Confused : Have you all ready purchased the home ?

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
Multimillion Dollar Sales Producer

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0 votes Thank Flag Link Sat Aug 18, 2012
In general, it is the responsibility of an owner to disclose anything that might adversely affect the new owner's ability to use the property for the purposes in the contract. This is usually short handed as "single family residence" or other words of a similar nature of intended use. Now, that being said Real Estate agents are not allowed to give legal advice and you should not take what I have said as legal advice. You should ask a Real Estate attorney a question like this, especially if you are thinking about some sort of recuperation of your loss, real or claimed.

Ron Cullinan
Avalar Austin
0 votes Thank Flag Link Sat Aug 18, 2012
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