Buyers often get ‘stuck’ with illegal additions

Q: We found a low-priced house that we’d like to buy. The problem is that the sellers’ disclosure form states that the new bedroom they recently added was built without a permit, and the conversion of their garage to a home office was also done without a permit. If we buy the house anyway and the city later finds out about the illegal changes, will we get stuck with the bill for any needed work, or will the sellers have to bear at least some of the liability?

A: More often than not, buyers who purchase a home with illegal changes also buy themselves a big pack of trouble.

Your letter states that the sellers already have told you that they added a bedroom and converted their garage without getting the necessary permits. Sooner or later, the local building department will find out about the illegal remodeling jobs too.

At best, the building department will require only costly “post permits” for the two renovation jobs. At worst, you’ll be required to spend tens of thousands of dollars to bring the structures up to code – or maybe even tear them down.

Either way, the sellers probably wouldn’t have to help pay for the permits or the work. The fact that they disclosed that the remodeling was done illegally could relieve them of any financial liability.

Before going any further, contact two or three contractors and ask them to inspect the unpermitted work. Also ask them to estimate how much it would cost to make any changes that might be needed to bring the work up to local building-code standards.

You could then ask the seller to help pay for the needed repairs or else lower your offering price to offset the cost of the permits and work that might be needed after you move in.

Q: We made an offer three weeks ago to buy a house, but the seller rejected it and asked for $10,000 more. We refused and then made an offer on a second house, which was accepted. Now the seller of the first house has sent us a letter saying that he will accept the price we first offered. What do we do?

A: Don’t worry. When the seller of the first house you wanted to buy asked for more money, he automatically rendered your offer null and void. You’re now free to purchase the second home, and the seller of the first house will have no legal recourse.