Seller provided false disclosure of permits
Q. I'm buying an older home that was advertised as fully remodeled. The seller disclosed in writing that all work had been done with permits, but when my home inspector found no firewall in the garage, he advised me to call the city to verify permits. That turned out to be wise advice because the building department had no record of any remodeling work. Now the seller says the home was "redecorated," not remodeled, and that this does not require a permit. The work, however, included new wiring, new water piping, complete reconstruction of the kitchen and bathrooms and much more. These revelations have completely undermined my confidence in everything the seller says. I'd like to buy the home but am afraid to proceed with the sale. What is your advice?
A. It is surprising that any seller would undertake the risky position of false or incomplete disclosure. Violations of this kind give rise to needless legal disputes. In the realm of real estate sales, full disclosure is not only a matter of essential ethics, it is a legal requirement for sellers and agents in most states and has been since the 1980s.
According to the first chapter of the building code, permits are required for buildings that are altered, repaired or improved. Even for work that is exempted by the code, separate permits are required for plumbing, electrical and mechanical installations. Therefore, the alterations in this situation were subject to permit requirements.
If you proceed with the purchase of this property, accepting the remodeling work as-is, you will have to disclose all of the non-permitted alterations to future buyers of the property, and that would adversely affect value and marketability. A better solution, if you proceed with the purchase, is to have the seller apply to the city for an "as-built" permit. If the seller agrees, the work would be subject to approval by the city inspector, and noncomplying conditions would have to be corrected. On the other hand, the best solution might be to find a home that is being sold by an honest seller.
Q. I have heard of buildings being tested for radioactive radon gas, but is it possible to test the ground where a new house is proposed to be built, to see if there is a problem with radon on the property? If so, how can this be done?
A. There is a method for testing an undeveloped building site for radon gas emission, although it is not specified in official radon testing protocols. This method involves digging several small holes on the property, approximately 18 inches deep. A radon test canister (obtainable from a radon testing laboratory) is then placed at the base of each hole, covered with a bucket, and buried for several days. If radon is present in the soil, the canister in each bucket will record the level of emissions. After several days of exposure, the devices can be forwarded to an approved radon testing lab for conclusive readings.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
© 2019, Action Coast Publishing