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BUYERS- MAKE SURE TO DO YOUR DUE DILIGENCE

Profile picture for mggrew
Contributions: 166
Zillow All-Star

Since November 2009

As an architect and building codes expert, too often I am confronted by situations where homebuyers, their real estate agents, or their attorneys have not performed adequate due diligence and leave them with what can be an expensive problem not of their making.

My first example involves a young couple who made an offer on a 40 year old house here in a Connecticut city. The real estate agent representing them was alert enough to check city records and find that a two-story addition that had been built 30 years ago had never been inspected by the building department and never had a certificate of occupancy. I am called upon to identify code violations and what it will take in corrective work so that it will pass inspection and get a certificate of occupancy. There were significant structural and weather protection issues which would cost about $20,000 in repairs. The buyers wound up having to pay half, an additional $10,000 above their contract price. They had no choice if they wanted to get a mortgage.

The second example I have concerns a house in an affluent town in Connecticut. We designed an exterior makeover to give the house a more unified and traditional style. The project did not involve additions or any structural work. This should be easy to get a zoning permit for, shouldn't it? The couple I worked for owned the house for 15 years. What do you think I found when we went to the zoning office to apply for what should have been a simple permit? There is an open zoning permit for the tennis court 31 years ago, open permit for substantial additions 30 years ago, and open permit for the sunroom 20 years ago. Where were the real estate agents and lawyers when this house was sold to my clients?
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November 18 2008 - US

Replies (10)

Profile picture for sunnyview
Contributions: 10842
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Since January 2009

Agents in my area work on a don't ask don't tell policy. Even when obvious additions have been made like the conversion of an attached garage has been done, they plead ignorance and refuse to check city records for permits. I am in a university town where illegal additions are very common to use as student rentals.

On MLS here, agents often use the term "bonus space" to describe illegal additions. This bonus space is generally not permitted, inspected or built to any code requirements old or new. Buyers are often unaware that this space is not legal especially when the addition looks old or fits within the footprint of the original house. I have run into owners on Zillow that want to know why Zillow has the "wrong" square footage for their house listed. Sometimes it is a data entry error, but often this is because the space was added without permits.

Never buy a house without pulling the permit history. Make sure all old permits have ben signed off or as the new owner you make get stuck bringing a 30 year old addition up to current code.
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November 19 2008
Profile picture for SlickPoetry
Contributions: 293

does this kind of stuff matter in the case of a finished basement? I noticed that the tax records (supplied by the county's website) for the house I am negotiations in, says that the basement is unfinished. In reality, about half the basement is finished, with a nice full bathroom and a rec room.

 

If this work was done without a city permit/inspection will i have liability after the purchase?

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November 19 2008

I believe it varies from State to State. Call your local building department to find out what the specifics are for basements (finished and unfinished).  They should be able to answer your questions. Also ask your real estate agent to look into the details/history of the basement. If anything your agent should contact the seller's agent and the county to find that information for you. Good luck!

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November 19 2008
Profile picture for sunnyview
Contributions: 10842
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Since January 2009

It depends on your city. If an addition like this is done and the city finds out, they can send you a notice to make you bring it up to code even if they have decent proof (like old pipes or a dated fitting) that a previous owner did the work. How vigilant a city is about enforcing the code varies. If you are concerned, pull the permit history on the house.

When I bought, I had no additions. There was a new heat pump installed about 6 years earlier by the last owner and there was an old permit tag for it on my electrical box for it. When I had some new electrical done, the city pulled the permit history for the house and found that the heat pump permit was never signed off. They gave me 10 days to get it inspected and signed off or I would be liable for fines. Luckily, the work was done by a licensed contractor and the installation was up to code. My city overlooked it or it had slipped through the cracks until I pulled the new permit.

Every place is different. Basement conversions are very common and often permits are not pulled. Many cities look the other way as long as the work done does not look like a hazard (exposed wiring, leaking sewage etc.). You can pull the permit history for free in most places even if you do not yet own the house. Call the city and ask general questions to find out when the rules in your city are. Do NOT give them the property address when you ask about the addition. At least that way, you'll know.
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November 19 2008
Profile picture for gopit10

what is due diligence im looking to buy a house and i can find some words that the real estate uses  as words but not all is there any words that i shoud wory about  when i put a bid on a house that is all i want to pay i dont want any other money to come up later after i fill out all the paper work and than thay say i need to give more money if you can help just looking for word to beware of so i dont have to spend any more money than i have to  thanks lisa

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November 19 2008
Profile picture for gopit10

what is due diligence im looking to buy a house and i can find some words that the real estate uses  as words but not all is there any words that i shoud wory about  when i put a bid on a house that is all i want to pay i dont want any other money to come up later after i fill out all the paper work and than thay say i need to give more money if you can help just looking for word to beware of so i dont have to spend any more money than i have to  thanks lisa

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November 19 2008
Profile picture for space_acer
Contributions: 4346
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Since March 2009

due diligence  ?  LOL!  start with 10 year price trend vs inflation...

 

Do you want to pay $800K or $400K for the same house ?

or in another words... do you want to make the home seller wealthier by 100% ?

 

 

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November 19 2008
Profile picture for SlickPoetry
Contributions: 293

lisa...

 

"Due diligence" as a phrase basically means the buyer has an obligation (to themselves) to do their homework. Study, study, study, then study some more. Then maybe you should buy a house.

 

Once you find a house, study the hell out of it. Examine all of its faults, any legal problems that you might find (such as the ones described in this thread), study the neighborhood, etc.

 

 

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November 19 2008
Profile picture for sunnyview
Contributions: 10842
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Since January 2009

lisa,
you should make sure that the house is in good shape and needs no repairs. Have an inspection done and make sure that all the space in the house was legally built. Like another poster said "due diligence" is a fancy way of saying buyer beware. Look at everything before you buy with a critical eye and don't trust what the agent, seller or mortgage broker says about the house.

Buying a house costs more than the sale price. You have to be ready to pay for the loan, the inspections to make sure the house does not need major repairs and for the transfer of the ownership from the old owner to you. All these things are extra in the cost of buying a house. If you feel like you are uncomfortable or don't understand the process of buying, please read a good first time buyer book http://www.amazon.com/gp/product/0910627703 so you can have a good reference on what to expect BEFORE you look into buying.
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November 19 2008
Profile picture for gopit10

this is why im asking so many ? now so i dont have any problims later i need to know were to go to look thing up i need to know the ins and out of things can i go to the city halls or town halls to find thing out on the house this is why i ask so many ?  so i can start to do my homework and sunnyview you are right dont trust any of these guys i look at a house and the real estate guy said the house was a short sale and told me to bid now before the bank takes over and puts the house up for more money and the bank  did take over but the house went down 20,000 lol but anyway thanks for all the help lisa 

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November 19 2008
 

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