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#372415 - 04/12/11 12:22 PM
Property Violations
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Veteran Member
Registered: 08/29/05
Posts: 751
Loc: Florida
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I am representing a buyer ready to close and the property had a couple of violations, which the seller was bringing up to code. In the meantime, the property has a small inground pool that I found odd because no other home has a pool. The city ran a permit history and I asked about the pool & of course it was constructed without permits. The seller's agent is not a happy camper because he is saying that we opened up a can of worms & is upset because I went to the city to check on the permit history (I was trying to rush the process & got it done). I told him that I was representing my buyer's best interest, but anyhow, has anyone had an illegal pool? Does anyone know the cost to get rid of it & fill it? I read somewhere it's about $5k min. since it's small.
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#372417 - 04/12/11 12:54 PM
Re: Property Violations
[Re: zpcsc]
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Veteran Member
Registered: 01/19/06
Posts: 994
Loc: New Jersey
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I am representing a buyer ready to close and the property had a couple of violations, which the seller was bringing up to code. In the meantime, the property has a small inground pool that I found odd because no other home has a pool. The city ran a permit history and I asked about the pool & of course it was constructed without permits. The seller's agent is not a happy camper because he is saying that we opened up a can of worms & is upset because I went to the city to check on the permit history (I was trying to rush the process & got it done). I told him that I was representing my buyer's best interest, but anyhow, has anyone had an illegal pool? Does anyone know the cost to get rid of it & fill it? I read somewhere it's about $5k min. since it's small. Why did you wait until you were ready to close to do this? Now you've created a problem for everyone. I check permits the day after contracts are signed. Nevertheless, the pool is illegal and it is now up to the sellers to make it right. If they won't do it, your buyer will have to. $5,000 seems about right to remove a small pool and bring in fill. This is something that the typical part time agent would do. Hopefully you are not one of those and you just made an honest mistake. Next time, do your permit checks immediately to avoid a late-term problem.
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#372423 - 04/12/11 01:18 PM
Re: Property Violations
[Re: zpcsc]
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Veteran Member
Registered: 08/29/05
Posts: 751
Loc: Florida
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I know, I have learned a big lesson! No matter what they say, check the permit history. It really stinks. Every deal is an experience & I take what I learn seriously & make notes on it. I now know, never to rely on the listing agent, no wonder he got upset cause I went to check myself.
Thanks for your reply.
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#372432 - 04/12/11 03:39 PM
Re: Property Violations
[Re: zpcsc]
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Major Contributor
Registered: 11/03/07
Posts: 2335
Loc: Northern Colorado
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Can your buyers still buy the property without the pool permits? If so do they want to? I don't know the permitting rules in your area. Like in my area there are many people that finish their basements without permits. Me being one of them. I've sold several also with unpermited basements. It's all up to the buyer if they want to go ahead or not in my area.
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#372556 - 04/13/11 01:36 PM
Re: Property Violations
[Re: navarac]
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Member
Registered: 11/04/09
Posts: 103
Loc: Indy Metro West
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I check permits the day after contracts are signed. Next time, do your permit checks immediately to avoid a late-term problem. Interesting discussion. Navarac, do you routinely find permit issues? What triggers you to look for permits besides pools? My thinking is many DIY's build decks, sheds, outbuildings, plus finish basements, remodel kitchens, baths, etc. (after watching HGTV and drinking a few beers)... Where we are many things are done without permits (rural area) so checking for permits, well I'm not sure if anyone does it. I'll have to ask around on that one... I've followed the logic that if the inspector finds a violation, we have the seller deal with it. But I do like to be proactive so I'll have to look into this more for our area.
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#372562 - 04/13/11 04:28 PM
Re: Property Violations
[Re: DerrickTeam]
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Veteran Member
Registered: 08/01/06
Posts: 1123
Loc: Downey, California
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In California, the buyer(s) must do their own permit checking. The seller discloses and the buyer do their own investigations. Imagine the listing or selling agent making a statement like, "I already checked the permits and every thing is on record as permitted". Then you find out later that the agent missed some thing in their permit search, or perhaps looked at the wrong records......liability issues!
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"People rarely succeed unless they have fun in what they are doing"....Dale Carnegie
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#372578 - 04/13/11 07:11 PM
Re: Property Violations
[Re: zpcsc]
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Member
Registered: 04/06/11
Posts: 22
Loc: Florida, USA
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Regardless of the timing of when you did your permit check, let's not forget that the owner did something illegal. There is a reason why you have to pull permits for certain things, especially for a pool. People who don't pull permits typically have a contractor that is utilizing some shady means and methods to construct something. They will mostly likely not follow the correct procedures, use the wrong material and cause tons of headaches in the future when trying to maintain something. Yes you should have checked for the permit issues early on, but it's ridiculous for some one to say you messed it all up when it is their clients fault for not doing things correctly and legally in the first place.
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#372617 - 04/14/11 06:27 AM
Re: Property Violations
[Re: navarac]
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Member
Registered: 06/09/07
Posts: 476
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I bet the listing agent was full time, so who was the screw-up? Who didn't do their due diligence, and who wasn't going to disclose? So now you will declare the listing agent must be a part-timer too?
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#372619 - 04/14/11 06:40 AM
Re: Property Violations
[Re: Bay Area Brian]
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Veteran Member
Registered: 01/19/06
Posts: 994
Loc: New Jersey
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I bet the listing agent was full time, so who was the screw-up? Who didn't do their due diligence, and who wasn't going to disclose? So now you will declare the listing agent must be a part-timer too? Property violations is a different topic. But to clarify: part-timers should disclose their status to potential victims. Full-time status does not guarantee good service, but part-time status, by definition, guarantees bad service.
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