When you're on a search for your dream home, it’s easy enough to fall in love with any renovated features, such as a remodeled kitchen or bathroom, a finished basement, or a newly-installed deck, that are set to make your life more comfortable once you take over as the owner. However, those lovable features can easily turn into expensive nightmares when they turn out to be unpermitted work, and there’s no paper trail showing such improvements were done with proper authorizations.

To save yourself from any trouble as early as you can in the process, we've laid out the risks associated with buying a home with work done without a permit, and how you can protect yourself as a buyer. Your potential home might be your biggest financial investment, after all.

 

Unpermitted work is a term that applies to any modifications or construction on a home that does not carry the necessary permits to make it legal. Building codes and permit requirements vary with every city or town, so what might require a permit in one place may not in another. 

When buying a home, you can check on the property disclosure statement provided by the seller and see the list of things the current owners have done to the property during ownership, including any work done without a permit.

You can also call or visit the local building department for more information and see if the owners pulled permits. In some municipalities, the status of permits can also be checked online. Many HOAs or homeowners associations often like to have permits on file as well, so you can try asking them to see permit records on the property you're looking at.

Getting permits for any home improvement that requires it is vital, especially if it involves any electrical, plumbing, or structural work. And yet, many homeowners forgo the permitting process for various reasons, such as:

  • They want to save time and money. Getting the proper permits can be tedious and complicated, depending on the city or county where you’re located. And of course, there’s the corresponding filing fee that can cost hundreds of dollars.

  • They thought they’d be staying in their homes forever. When you think you’re never going to sell your home, unpermitted work becomes even more appealing.

  • They want to keep their assessed real estate value low. This way, they can save money on property taxes.

 

Here are some of the potential pitfalls of buying a home with unpermitted work:

If the city inspectors in your area discover that your home has unpermitted renovations, you become liable in obtaining a retroactive permit on the already completed projects. The cost associated with retroactive permitting will depend on the scope and value of the construction.

And since the cat will also be out of the bag, you may also be responsible for paying back taxes on the increased value of the home. You could also be on the hook for associated interest and penalties.

You've fallen in love with a home that has a finished basement, only to discover that it was unpermitted work. In some towns, it is entirely possible for them to ask you to remove the entire project. In others, they might simply require you to tear down and rebuild portions of the remodelled work based on their feedback.

When fixing the issue, it might be best to hire a contractor to examine the existing work. They can estimate the cost of bringing it up to code, and also give you an idea of how much is already built in accordance with current codes.

Worst-case scenario: the home addition done without a permit included faulty electrical work, which caused a minor fire after you've already purchased the home. Your homeowners insurance company may refuse to cover the damages from that fire when they discover it was caused by unpermitted work.

The same goes if something happens in a non-permitted part of your home. If someone falls and gets hurt in an unpermitted deck, or a tree falls on any unpermitted renovation, the insurance company may deny the claim. Trying to collect your insurance policy could also see you going through a complicated lawsuit.

 
  • Work with a trusted real estate agent.

The last thing you want to do as a home buyer is to take the matter of pulling out permits or paying fees into your own hands, especially if you can avoid it. Make sure you work with a local and experienced buyer's agent who can guide you through the home buying process, especially on the impact of unpermitted remodelling works. They can also help you account for it when creating an offer. He or she can also help you put language on the purchase agreement before signing where the seller will be held accountable (which will be discussed further).

  • Get a thorough home inspection.

Make sure you don’t forgo the home inspection since it can identify unpermitted construction, work not completed to code, and other potential red flags so you know what to expect before committing to buy the property. The home inspector can also check with the local permitting department to see what permits have been pulled.

  • Ask the seller to fix the problem.

The good news is that if you haven’t signed the purchase agreement yet, the seller can be held accountable for obtaining and closing out permits. However, keep in mind that it could take weeks or even months to close out permits, which could delay the closing or even put off the sale.

Your best bet is to have an attorney put a clause in the contract stating that the seller, at their cost, will have to take care of obtaining any necessary permits, and even resolve any code violations prior to closing. 

However, if the seller is not interested in fixing the problem, he or she could give you a discount and sell as-is, meaning they’re selling the property in its current state and will not assume responsibility for any work done without permits.


12 Reasons Why This is a Better Market for Buyers

I TALKED TO A LOT OF POTENTIAL BUYERS AND SELLERS EVERY DAY WITH WHAT I DO AND INEVITABLY A COUPLE OF TIMES A DAY I'M GONNA HAVE PEOPLE THAT I'VE BEEN TALKING WITH JUST SAY, I'M GONNA WAIT TO BUY. I'M JUST GONNA WAIT AND YOU KNOW, IN MY HEAD, I'M THINKING, WAIT FOR WHAT YOU THINK, INTEREST RATES ARE GONNA GO BACK DOWN TO TWO OR 3%. I DON'T THINK WE'RE GONNA SEE THAT AGAIN IN OUR LIFETIMES. I REALLY DON'T UM I HOPE I'M WRONG ABOUT THAT. UM BUT I JUST, I DON'T SEE IT HAPPENING. WHERE THE PRICES AREN'T CRASHING DOWN. WE'RE STILL, IT'S STILL A SELLER'S MARKET, THERE'S STILL UM MUCH MORE DEMAND THAN THERE IS SUPPLY OF HOMES. AGAIN, I STARTED THINKING, I GO, WHAT ARE SOME OF THE REASONS WHY THE MARKET IS BETTER FOR BUYERS AS WE SIT HERE IN THE, YOU KNOW,THE LAST QUARTER OF 2022 VERSUS HOW THINGS WERE FOR YEARS ENDING IN WHEN THE MARKET SHIFTED RIGHT AROUND EASTER THIS YEAR. THAT'S WHEN THE MARKET CHANGED. SO I CAME UP WITH 12 PROS AND ONLY ONE CON. SO LET ME SHARE THOSE WITH YOU.

 

PRO NUMBER ONE IS A SELLER PAID CLOSING COSTS. THESE SELLERS WERE NOT PAYING ANYTHING UH FOR YEARS, IN MOST INSTANCES, YOU KNOW, THEY PAY THEIR, THEIR REAL ESTATE FEES, DOC STAMPS IN THE DEED, BUT YOU'RE BUYING, YOU KNOW, YOU AS THE BUYER WOULDN'T WOULD HAVE TO COME OUT OF POCKET FOR JUST ABOUT EVERYTHING ELSE. WE'RE GETTING SELLERS TO PAY, CLOSING COSTS IN SOME INSTANCES NOW AS A NEGOTIATION POINT. SO THAT'S EXCITING. IT'S LESS OUT OF POCKET FOR THE BUYERS.

 

THE SECOND REASON IS SELLER PAID RATE BY DOWN. WHAT WE'RE DOING IN SOME INSTANCES IS RATHER THAN REDUCE THE PRICE, WE'RE TAKING THAT MONEY THAT YOU WOULD NEGOTIATE WITH THE SELLER AND HAVING THE SELLER BY YOUR RATE DOWN. SO I MEAN THAT'S EXCITING TO BUY IT DOWN. MAYBE, AS WE'RE SITTING HERE IN OCTOBER, THERE ARE 7%, YOU CAN BUY IT DOWN TO SIX, MAYBE EVEN FIVE. SO THAT'S SOMETHING THAT WASN'T GOING TO HAPPEN IN THE PAST.
 

THE THIRD IS THE SELLER PAID TO ONE RATE BY DOWN. AND WHAT THAT IS IT'S A NEW, IT'S A NEW PROGRAM THAT A LOT OF LENDERS HAVE WHERE THE SELLER BUYS DOWN YOUR RATE AND IT'S 2% LESS THE FIRST YEAR. SO IF IT'S 7% YOU'D PAY 5% THE SECOND YEAR, IT'S 1% LESS. SO IF IT'S 7% YOU PAID SIX AND THE THIRD, YOU'D BE AT SEVEN IN THE THIRD AND BEYOND, YOU'D BE AT 7%. OKAY? BUT HERE'S THE DEAL WITH THAT THAT GETS YOU THAT GETS YOU ABLE TO AFFORD MORE HOUSE HERE IN THE SHORT TERM AND THERE'S GONNA BE OTHER,ONE OF TWO THINGS WILL HAPPEN IN THE IN THE FUTURE EITHER THE FIXED INTEREST RATES ARE GONNA COME DOWN SO YOU CAN REFINANCE OR THERE'S GONNA BE OTHER LENDING PRODUCTS THAT ARE GONNA COME OUT MAYBE ARMS UM LOOK THEM UP WITH OTHER SOLUTIONS TO,BECAUSE AFFORDABILITY IS AN ISSUE NOW WITH THE RATES GOING UP IN THE PRICE INCREASES IN RECENT YEARS. SO THAT'S ANOTHER OPTION FOR YOU ON THE TABLE.

THE FOURTH REASON WHY BUYING A HOME CAN BE BETTER HERE NOW AT THIS POINT IN 2022 THAN IN RECENT YEARS IS SELLER PAID REPAIRS. UM YOU KNOW, SELLERS DIDN’T WANT TO DO ANYTHING. IN FACT, THEY SOME OF THEM DIDN'T EVEN WANT BUYERS TO HAVE INSPECTIONS FOR HEAVEN'S SAKES. NOW THE SELLER IS THE SELLERS ARE GOING AHEAD AND MAKING YOU KNOW, REPAIRS ON THEIR PROPERTY BEFORE PUTTING THEM ON THE MARKET. THEY'RE REPLACING ROOFS, YOU KNOW, IF THEY NEED TO REPLACE ROOFS AND THERE'S ALL SORTS OF THINGS THAT THE SELLERS ARE WILLING TO DO THAT THEY WERE RESISTANT TO DO IN RECENT YEARS JUST BECAUSE THERE WAS SO MUCH DEMAND.

 

THE 5TH REASON IT'S BETTER TO BUY A HOME IS SELLER PAID IMPROVEMENTS. SELLERS ARE GOING AHEAD AND MAKING IMPROVEMENTS TO THEIR HOME PRIOR TO PUTTING THEM ON THE MARKET WHERE UM YOU KNOW, WHEREAS BEFORE THERE WAS JUST ABSOLUTELY NO REASON TO, SO, YOU KNOW, YOU AS THE BUYER ARE GONNA BENEFIT FROM THAT BE THE ONE THAT WILL BENEFIT MOST FROM THAT.

 

THE SIX POINT OF WHY THIS IS A BETTER HOME FOR A BUYER TO BUY TO BUY MARKET IN RECENT YEARS IS PRICE NEGOTIATION. THERE WAS NO NEGOTIATION AND PRICE PREVIOUSLY IT WAS, HOW MUCH ARE YOU WILLING TO PAY OVER LIST PRICE? TO TRY TO GET THE HOME RIGHT AS CRAZY AND PEOPLE ARE PAYING, YOU KNOW, PEOPLE ARE PAYING, YOU KNOW, $6100 OVER LIST PRICE. THEY WERE GIVING AWAY THEIR SEASON FOOTBALL TICKETS. I MEAN, MAD TRIPS, its MADNESS. OKAY, ALL THAT'S GONE. SO WE'VE GOT PRICE NEGOTIATION NOW, THAT'S THE WAY IT SHOULD BE.

 

THE 7TH REASON WHY THERE'S IT'S BETTER TO BUY A HOME HERE IN THIS MARKET THAN THE PREVIOUS MARKET IS YOU PAY LESS THAN ASKING PRICE. RIGHT? YOU FIND OUT IF THERE'S ANY OTHER COMPETING OFFERS, IF THEY'RE NOT, WE CAN NEGOTIATE A LITTLE BIT RIGHT? SO, I MEAN, THAT'S EXCITING, YOU GET A BETTER DEAL THAT WAY.

 

THE 8TH REASON WHY IT'S BETTER TO BUY A HOUSE IN THIS MARKET THAN THE PREVIOUS HOT MARKET. YOU DON'T HAVE TO WAIVE INSPECTIONS, OKAY, WAIVING INSPECTIONS IS A TEAR. IT WAS A TERRIBLE IDEA, BUT I MEAN, PEOPLE HAD TO DO IT TO GET A HOUSE RIGHT? UM YOU WANT TO MAKE SURE THAT EVERYTHING IS AS YOU WANTED TO BE BEFORE YOU BECOME THE OWNER OF THAT HOME AND UM, YOU KNOW, NOW WE'VE GOT TIME TO DO INSPECTIONS AGAIN AND JUST MAKE SURE, YOU KNOW, IT'S A, IT'S THE SMART INVESTMENT FOR YOU. SO THAT'S BACK IN PLAY.

THE 9TH REASON WHY THE MARKET IS BETTER NOW FOR BUYERS THAN IT WAS IN THE RECENT HOT MARKET IS INSPECTION NEGOTIATIONS, OKAY. UM, EVERYTHING WAS AS IS BEFORE FOR THE MOST PART, OR VERY, VERY SMALL, REPAIR LIMITS THAT WERE PUT ON THE, PUT ON THE CONTRACTS AND UH, NOW YOU CAN GET STUFF FIXED. YOU KNOW, IT'S A LOT EASIER. IT'S A LOT EASIER TO GET A FIXED SELLER, TAKE CARE OF IT BEFORE YOU MOVE IN AND THEN HAVE IT BE YOUR PROBLEM ONCE YOU BUY IT.

 

 

THE 10TH REASON WHY IT'S BETTER FOR BUYERS TO BUY NOW THAN IT WAS IN THE PREVIOUS HOT MARKET IS YOU GOT TIME TO THINK IT OVER RIGHT SO MANY BUYERS JUST NEEDED A HOUSE, RIGHT? AND I MEAN, IT'S LIKE, YOU GOTTA, YOU GOTTA DECIDE RIGHT NOW, YOU KNOW, IT'S IN, YOU KNOW, OFTENTIMES THE BUYERS WERE SETTLING FOR A LOT OF STUFF THEY REALLY DIDN'T WANT JUST BECAUSE THEY NEEDED A PLACE TO LIVE. SO YOU GOT A LITTLE BIT OF TIME TO THINK THINGS OVER AND JUST MAKE SURE THAT THIS IS GONNA BE THE RIGHT MOVE FOR YOU.

 

 

THE 11TH REASON WHY IT'S BETTER TO BUY A HOME IN THIS MARKET THAN THE PREVIOUS HOT MARKET IS YOU CAN HAVE CONTINGENCY CON CLAUSES IN YOUR CONTRACT, YOU CAN'T HAVE THAT, I MEAN, PREVIOUSLY, IF YOU HAD A CONTINGENCY CLAUSE, WHY WOULD THE SELLER EXCEPT THAT WHEN THERE'S YOU KNOW 10 OTHER OFFERS OR 20 OTHER OFFERS THAT DON'T HAVE THAT RIGHT? MAYBE GOT A HOME TO SELL. NOW YOU CAN FIND A HOUSE, YOU KNOW, THAT'LL FIND A SELLER THAT'LL TAKE A CONTINGENCY ON THE SALE OF YOUR HOME AND YOU CAN TIME EVERYTHING BETTER THAT WAY AND YOU KNOW, HAVE A LOT LESS STRESS.

 

 

THE 12TH REASON WHY IT'S BETTER FOR BUYERS TODAY THAN IT WAS IN THE PREVIOUS HOT MARKET IS YOU'VE GOT LONGER CONTRACT TO CLOSE IF YOU WANT IT RIGHT THERE, THEY'RE NOT PUSHING TOO CLOSE AND YOU KNOW, 20 OR 30 DAYS LIKE THEY WERE IN THE PREVIOUS MARKET. SO YOU'VE GOT LONGER TIMEFRAMES, YOU KNOW, MAYBE YOU'VE GOT A HOME TO SELL OR YOU KNOW, YOU JUST DON'T WANT TO MOVE FOR A CERTAIN PERIOD OF TIME, YOU NEGOTIATE IT OUT NOW.

AND OF COURSE, THE ONE CON OF BUYING TODAY AND IT'S A VERY SHORT LIST IS THAT INTEREST RATES ARE HIGHER, RIGHT? UM YES, THERE'S STILL HISTORICALLY LOW EVEN AT 7%, BUT IT'S A LOT HIGHER THAN THREE. AND UH WE UNDERSTAND THAT, BUT YOU KNOW, LIKE WE ALWAYS SAY UM MARRY THE HOUSE AND DATE THE RATE UM THEY'RE GONNA COME BACK DOWN. I MEAN THERE'S GONNA BE OTHER PRODUCTS THAT ARE GONNA SHOW UP. UM IT'S A LOT BETTER TO BUY AT 7% THAN IT IS IF IT GOES UP TO 10 OR 12 AND THERE'S A LOT OF REALLY SMART PEOPLE OUT THERE WHO ARE SAYING IT'S GONNA GO UP TO 10 OR 12 BEFORE THIS IS ALL SAID AND DONE. SO 7% ISN'T GONNA LOOK SO BAD WHEN THAT DAY COMES. SO AND AGAIN LIKE I SAID, YOU CAN ALWAYS REFINANCE LATER IF YOU WANTED TO. UM THERE'S GONNA BE ALL SORTS OF OTHER PRODUCTS THAT WILL COME OUT. BUT YOU KNOW AT LEAST YOU CAN GET THE HOME YOU WANT AND LIVE YOUR LIFE. AND WHEN THAT DAY COMES YOU'LL HAVE OTHER OPTIONS. IF I CAN HELP YOU WITH ANYTHING BUYING OR SELLING, JUST REACH OUT TO ME. YOU CAN IF YOU'RE SEEING THIS ON SOCIAL MEDIA, GO AHEAD AND DIRECT MESSAGE ME, I'LL BE THE ONE ANSWERING YOU SO MAKE SURE THAT YOU DO IF YOU TALK TO ME I WILL BE THE ONE TALKING TO BACK, IT WON'T BE AN ASSISTANT, IT'LL BE ME. AND SO JUST KEEP THE CONVERSATION GOING. IF HE COULD AND UM IF YOU PREFER YOU CAN CALL OR TEXT ME AT 85O-677-1630. YOU FOUND THIS HELPFUL GO AHEAD AND LIKE THIS, SHARE IT WITH ANYBODY THAT YOU MIGHT KNOW UM PUT IN THE COMMENTS WHAT YOU THINK ABOUT THIS PROS AND CONS LIST. AND UM IF YOU WANT TO FOLLOW ME ON INSTAGRAM YOU CAN FOLLOW ME @MEETSCOTTGREGORY, LOOK FORWARD TO TALKING TO YOU SOON. TAKE CARE!

 

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