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If a municipal inspection isn’t done, and lapses exist, it could create problems for either the seller or buyer-or both.īuyers could have difficulty obtaining financing if permitting or zoning issues come to light as the lender goes through the due diligence process.
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Another way to find such problems may be in the listing itself, which might highlight a feature like “newly remodeled basement with built-in bar.” If so, the inspector moves on to researching whether proper permits are in place. “You go in and look at zoning and building permits, and make sure all the ducks are lined up,” explains Attorney Schiesel of municipal inspections, which look for problem areas related to permits, zoning, property setbacks, and additional issues for larger multifamily properties.Īn inspector first scrutinizes the property for potential areas of concern by determining what work has been done, or changes made, and then determines whether any of that work-or other seemingly pre-existing situations-required a municipal or health district permit. That’s where a municipal inspection comes in, and these inspections can be commissioned either by sellers who want to know about potential deal-breaking problems before listing a property, or by buyers who want to make sure their new home is hassle-free and doesn’t come with a hidden violation that could be costly or difficult to address once revealed. If the inspector is rigorous, he or she may add, “Because this looks new, you should check to make sure it was done to code, inspected, and has a discharge permit.” The inspector may say the system is in great shape, while commenting that it appears to have been updated-words buyers love to hear. That problem can be addressed through a negotiation between buyer and seller-but other issues may be lurking in the background: Were proper permits obtained for the deck project? Does the work meet the municipality’s building code?Īs another example, consider a septic system inspection.
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Let’s say the building inspector finds that sliding glass doors added when a wall was opened up to access a new deck are leaking when it rains. Instead, the inspection gives buyers information to use in deciding whether to proceed with a purchase as structured and at the agreed-upon price, or go back to the seller and request a reduction in the sale price, or that issues flagged in the inspection report be remedied before closing. Inspectors’ reports include notes detailing concerns and cautions, along with recommendations, but houses don’t “fail” inspections.
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Increasingly though, due diligence by buyers also includes something called a municipal inspection, which checks town building department files to ensure there is a certificate of occupancy and necessary permits were taken out for work on the house such as electrical upgrades, new decks, adding dormers or converting a basement to a rec room.Ī building inspection involves hiring a private inspector to examine structures on a property, which includes ensuring that heating and air conditioning systems work, and plumbing and electrical systems are in order-as well as assessing the condition of the foundation, basement, roof, attic, windows and doors, and more. They are also familiar with the title search process that assures the seller has clear title to the property. Sellers, buyers and Realtors are very familiar with the checklist that includes inspections of wells, septic systems, dwelling units and other structures. “More and more, there’s been an expansion of things you need to look into before buying,” Attorney Schiesel says of pre-sale home inspections. The issue could have hung up or potentially derailed the sale, but fortunately the builder who did the work was able to jump in and quickly get everything straightened out for the seller. It looked like the work was done properly, but there was no record of permits at the local zoning or building office. (Hank) AndersonĬramer & Anderson Center for Mediation & Alternative Dispute ResolutionĮstate Planning, Probate & Trust AdministrationĬramer & Anderson Partner Dolores “Lorry” Schiesel was working on a recent real estate closing when it was revealed just a week before the closing date that local permitting wasn’t in order for dormers that had been installed on the house. What to Expect from Our Attorneys and StaffĪ Tribute to Founding Partner Henry B.