we bought a house that had an open permit and our title company did not catch. we discovered the open permit

Ryan
Home Buyer
Minneapolis, MN

when we had some work done on the garage and now we have to bring the work under the old open permit up to code. who bears the responsibility?

Answers (8)
Todd Norsted
Agent
Maple Grove, MN

Ryan....afer diving into this a little, it appears as though the seller has no respondsibility to have closed the permit, however, was the work disclosed on the disclosure? If yes, it really becomes your burden, if not, then you have a non-duisclosure issue.

Thanks, Todd

Mon Apr 7 2008, 14:48
Annie And Bob P...
Agent
Edina, MN

Ryan, you should have a copy of a seller's property disclosure...check page 2 line 64 'where appropriate permits pulled for any work performed on the property'...this may help in determining who bears responsibility.

Sun Apr 6 2008, 12:53
Todd Norsted
Agent
Maple Grove, MN

Was this a new construction property? If so, usually the mortgage co. will ask the title co. to get the Certificate of Occupancy, and that is given by the City, but usually not before all permnits are closed. Hmmmmmmm...........

Fri Jan 11 2008, 14:55
Dan Mengedoht
Agent
Charleston, SC

Ryan,
Thanks for this question. It prompted me to call the city permit office to find out that the permit for an addition we had built on my home this summer is not closed out yet. I've got a call into my builder now.

Thanks, Dan

Tue Nov 20 2007, 09:50
Emily of Trulia
Other/Just Looking
San Francisco, CA

Hi Everyone,

Ryan added some additional information about his situation at the link below.

Best Wishes,

Emily Gibson
Customer Service Representative

Mon Nov 19 2007, 15:06
Linda J Sears
Agent
Lady Lake, FL

Ryan,

Sorry about answering your other question prior to reading this one. I would start with talking to your Realtor. Let them know what happened. Then talk to your Title Company that closed the deal. GENERALLY, the past owers would be responsible. But if you do not get anywhere with the realtor and title company you will need to seek legal advice. Many times the legal advice can be more expensive than the work needed.

Hope this helps.
Linda J Sears

Sat Nov 17 2007, 14:45
Ginger R.
Home Seller
Massachusetts

This is a legal question. I would not dismiss any avenue of recourse. Ask yr atty if you have recourse against the Seller or if your title insurance will cover this.

Sat Nov 17 2007, 14:34
Michael Doyle
Agent
Maple Grove, MN
FIRST ANSWER

The title company doesn't check to see if permits were pulled or if the work was finished. You'll have to bear the responsibility at this point. Was the Minneapolis "truth in housing" filled out? Did the report show an open permit?

Sat Nov 17 2007, 12:38

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