Buying A Home
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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
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Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
Violation
We've signed contracts, had the inspection, ran the title search and have all of our documents with the broker for underwriting. Our original close date was around the middle of July, but we were told there was a good chance that we could close at the very end of this month (YAY!)
Today we found out that the deck on the back of the house is a violation because there's no permit on file for its construction. Has anyone dealt with anything like this before? I'm waiting to hear back from our realtor on what the next steps are for something like this. The broker assured me it wouldn't hold up the process because it can be simultaneously worked out while all the paperwork is reviewed by underwriting. But I guess my question is, what are the options when this happens? Can a permit be filed after the fact? Would the deck have to be removed and replaced completely, this time with a permit?
Today we found out that the deck on the back of the house is a violation because there's no permit on file for its construction. Has anyone dealt with anything like this before? I'm waiting to hear back from our realtor on what the next steps are for something like this. The broker assured me it wouldn't hold up the process because it can be simultaneously worked out while all the paperwork is reviewed by underwriting. But I guess my question is, what are the options when this happens? Can a permit be filed after the fact? Would the deck have to be removed and replaced completely, this time with a permit?
Re: Violation
who found out the deck doesn't have a permit?
it depends on the town, but usually you can just get a permit after the fact and pay a fine. Our seller didn't get permits to finish the basement and is getting those for us. You should have the seller do this b/c they will most likely need to submit what they did to the town. The inspector should have also told you if the deck was built to code to begin with. If it wasn't built to code it will need to be fixed prior to receiving the permit. You could rip it out, but I'd try and put the responsibility back on the seller - they can't sell the house without the correct permits even if you walk away.
It happens sometimes. Like PP said, the sellers can probably just go get a permit now. My town doesn't even charge a fine.
They town will probably come out and inspect the deck to make sure that it meets codes and that will be that.
It came up in the municipal search that the attorney requested. The inspector noted that the deck looked fine to him, so it seems to be up to code, just without a permit. I spoke to the realtor yesterday and as it turns out, the sellers are the second owners and the deck was there when they bought it, but the issue of the deck not having a permit never came up at the time.
As far as I know the sellers are going to go to the town to see what they need to do and a town inspector will make sure that it's up to code so this can all get straightened out.
I think my biggest fear was that this could push back closing which would really suck. But hopefully that's not the case.
This exact thing happened to us. A permit had been filed for our deck but was never actually inspected and approved. And the permit had been filed YEARS before. This issue came up literally 2 days before we closed. A permit can be filed by the owner after the fact but it will have to be inspected. If it passes it shouldnt be a probelm to obtain the permit.
It pushed our closing out a few days b/c the town inspector was on vacation and it messed up our rate lock, but we were able to finally work things out with everyone and close without an issue once it was resolved.
And chrisnjay- the house we're buying is actually in your neck of the woods. Or at least the same county. : )
really?!!! i'll send you a PM! how cool is that.