Home Buying in 28081>Question Details

Tamara Martin, Home Buyer in Mooresville, NC

who is responsible for pulling permits when a home is being sold in NC?

Asked by Tamara Martin, Mooresville, NC Wed Feb 1, 2012

bought a home. no permits pulled or checked. Newest part of home might knot have footings. called county and no permits were available.

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OK so I did not know how to link to the answers below. So I am writing in the answer spot. My agent was awesome. She did everything that she was suppose to. My Home inspector did everything he was suppose to. My attorney friend has stated that the seller, on the disclaimer, was suppose to let me know about the permit and since he did not it is considered fraud. The home inspection was fine and passed. But he was not able to check to see if there was footers or not on the new addition. He is also not able to let me know if the construction part was done correctly, due to the walls are there. I was unaware that a permit was suppose to be pulled when he was building the addition on to the house. No one disclosed that information to me. The seller also built a deck over the septic tank, which the septic inspector did not let me know that it could not be like that. The home inspector did not know where the septic was or he would of told me that. It is a buyer be ware state and I understand that. When, as a buyer, you do every inspection as needed and go above the norm, why is it that the buyer is the one to suffer and have more expense when the seller did not disclose all the information he was suppose to? So for all real estate groups, make sure to tell the buyer or seller to make sure that all permits are there. If the seller does not disclose weither or not the permit is there, in the disclaimer part of the closing, it is consider fraud and the buyer can fill suite against the seller. Again, my agent is still a wonderful agent and continues to help me through this mess, even though she has finished her job.
0 votes Thank Flag Link Thu Feb 2, 2012
Call your attorney and see if they researched this, ask the home inspector if they noticed anything. Check the tax records to see if there was a record of permits being pulled. Ask your Realtor if they checked or if there was any mention in the MLS sheet about the addition. Get your realtor to ask the listing agent if they knew of any permits being pulled.
If the work was done without a permit, this will 'haunt' you when you go to sell.

Permits are required for a lot home renovations. Work done without a permit without being inspected by a certified inspector potentially means the work is not only done incorrectly, but also goes to a safety or issues, if there is a fire in the house that originates from the unpermitted area, the insurance company can say they won't pay. When you go to sell, you have to disclose the unpermitted work.
Its a nightmare for sure
0 votes Thank Flag Link Thu Feb 2, 2012
Thank you Daniel for providing relevant information. Tamara, you need to speak with your attorney; it maybe that permits were pulled, just in another governmental jurisdiction. Either way, your attorney can help you with this problem. Also, talk to your agent...what do they know about this? Did they ask the listing agent any information about the addition?
0 votes Thank Flag Link Wed Feb 1, 2012
Good evening, Tamara:
NC is a caveat emptor state (buyer beware) and Closing constitutes acceptance of the home in it's then existing condition; it is generally the responsibility of the Buyer to satisfy themselves that a property is in an acceptable condition and suitable for their intended use - or to hire someone like a home inspector or qualified contractor or engineer to help them make that determination. An NC attorney would have to review your situation and make a specific determination, however. If you appreciate an answer, please give "thumbs up". For the most helpful answer, please say thanks with a "best answer" click.
0 votes Thank Flag Link Wed Feb 1, 2012
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