Home Buying in San Jose>Question Details

jz21082, Home Buyer in 94538

I find out a house that I am purchasing has no city permit for additional space, but the public record includes this extra space.

Asked by jz21082, 94538 Thu Sep 27, 2012

My question is which document should be based on for a real estate transition, the public record or city permit. What I should do for this issue? Thank you

Help the community by answering this question:


When an owner, files for a permit to build, the city records it against the property.
This is common, as the MLS auto populates, size or square footage

It is up to the Buyer to verify if the Addition was Completed and Finalized.
Otherwise the Buyer has likely Paid more.

0 votes Thank Flag Link Wed Oct 3, 2012
From the deed transfer point of view permits are irrelevant. As long as all material facts are disclosed, all is good. The lender, however, may have an issue with un-permitted additions. The appraiser may have to exclude the additional space from the home square footage an the home may not appraise.

In terms of the getting the additional space legalized, I would go to the city and ask them. In my experience, you may have to submit a sketch drawing for the addition, pay a fee and pass an inspection to get it done.

But, if you are uncomfortable with the the addition and the extra work needed to get it approved by the city, walk away. There will be other deals that will work better for you.
Web Reference: http://talisrealestate.com
0 votes Thank Flag Link Fri Sep 28, 2012
Your appraiser will solve this question for you.
The appraiser will note that the property has additional space and no permits.
If you are obtaining financing, this issue will need to be resolved prior to your closing.
The underwriter, upon review of the appraisal, will let you know what needs to be accomplished for this.
0 votes Thank Flag Link Thu Sep 27, 2012
Thank for replaying, question who should response for the appraiser seller or buyer?
Flag Thu Sep 27, 2012
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