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10/11/11, 03:53 PM
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Critter Mama
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Join Date: Nov 2004
Location: NW Oregon
Posts: 974
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Question about Housing Permits
We just recently bought a house-closed the end of July. Was a foreclosure but a good price and in really decent shape with the land and outbuildings we needed. The original owners had a woodstove in the main living area for heat (bedrooms have Cadet heaters, ick)
In Oregon you need to remove woodstoves etc when you sell.
Anyway, we are planning on putting in a ductless heating system. Got paperwork etc all done, contractor called the county to obtain permits. We are red-flagged!!!  Seems the old owner never got permits for the wrap around deck, the roofing over said deck, and the add-on utility room!!!
Now we are stuck paying for the county to come out and do a special inspection and also to pay for all the permits etc that old owner failed to obtain.
My question is: Do we have any recourse? We are talking a couple thousand dollars here.  Im thinking the title company should have caught it, but they arent legally bound. We hired an inspector too, but of course he didnt know it was all illegally built.
Just what we dont need.
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10/11/11, 05:41 PM
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Join Date: May 2011
Location: WV
Posts: 1,624
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Anyway to contact the previous owner to see if a permit was issued, sometimes things get lost or mis-placed. I wouldn't pay a cent until I knew 100% no permit was issued.
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10/11/11, 05:42 PM
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Join Date: Oct 2003
Location: Carthage, Texas
Posts: 12,261
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Well, it's too late for don't ask, don't tell....
You get the permit nazis involved, and they *I hear* get all warm and fuzzy inside by turning the screws on folks.
One reason I'd never live where high minded uppity ups wish an evil (such as codes and permits) upon their fellow citizens.
Only option is to pay, or yank it out.
My dealings with title companies.... their only looking at clear titles to land, and clear titles to houses (any back mortgages, liens, etc.). Reason why they have 'title' in their names, and not code compliance companies... You might check if title companies insure the houses... and everything in them...
__________________
Luck is what happens when preparation meets opportunity. Seneca
Learning is not compulsory... neither is survival. W. Edwards Deming
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10/11/11, 06:03 PM
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Join Date: Feb 2009
Location: Eastern US
Posts: 511
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That's awful Cayenne47. I'm sorry you are going through that. I don't have any advice but I'm sure the people on here will have an idea.
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10/11/11, 07:26 PM
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Moderator
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Join Date: Jul 2004
Location: Mountains of Vermont, Zone 3
Posts: 8,878
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My best advice is don't live in places like that. Over regulation is a disease that is rotting society.
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SugarMtnFarm.com -- Pastured Pigs, Poultry, Sheep, Dogs and Kids
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10/11/11, 07:42 PM
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Join Date: Oct 2004
Location: Ohio
Posts: 4,325
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Just another form of taxation (without representation). Someone has to put up the cash to keep the government running, from the white house to the outhouse. This time it's your turn. 
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10/11/11, 08:45 PM
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Join Date: Jul 2006
Location: N E Washington State
Posts: 4,605
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In a normal closing, in most states, the seller signs a statement that everything is permitted and done according to code. A foreclosure may have been sold "as is" so I would call the real estate agent that sold you the place and see what they say and also re-read your closing papers and see what they say. You may need a lawyer is the house was not sold "as is".
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10/11/11, 08:55 PM
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Join Date: Aug 2011
Posts: 452
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Did the house have a pre-inspection done?
Did it go through a realtor or at least come with a disclouser form in the sale?
How long ago was the work done (approximatly)
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10/11/11, 09:24 PM
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Join Date: Dec 2009
Posts: 5,142
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Where I live you could hold the previous owner responsible by suing them for the costs of getting it all on the up and up. Since it was a foreclosure, the homeowner who created the mess probably isn't worth going after. Maybe the bank can be held responsible. Either way, the code people know it wasn't you who defied their authority, so they shouldn't be too tough on you like they tend to be when they catch people who do whatever they want without permits. Try to talk to the inspectors and see if they'll waive some of the fees. Never hurts to ask.
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10/11/11, 11:14 PM
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Murphy was an optimist ;)
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Join Date: Oct 2005
Location: Kentucky
Posts: 21,541
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Quote:
Originally Posted by cayenne47
Seems the old owner never got permits for the wrap around deck, the roofing over said deck, and the add-on utility room!!!
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Thanks fer reminding me why I live in good old backwards hillbilly land where there are no building permits required... or zoning laws... or building codes!! 
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"Nothing so needs reforming as other peoples habits." Mark Twain
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10/12/11, 01:52 AM
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Join Date: Dec 2008
Location: north Alabama
Posts: 10,813
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"Anyway, we are planning on putting in a ductless heating system. Got paperwork etc all done, contractor called the county to obtain permits. We are red-flagged!!! Seems the old owner never got permits for the wrap around deck, the roofing over said deck, and the add-on utility room!!!
Now we are stuck paying for the county to come out and do a special inspection and also to pay for all the permits etc that old owner failed to obtain.
My question is: Do we have any recourse? "
My answer is - sell now and move outta there before they decide you need a permit to have too long a bippy. I have zero tolerance for carp like that.
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10/12/11, 02:29 AM
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Too Complicated For Cable
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Join Date: Feb 2011
Location: Washington
Posts: 10,120
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It was a foreclosure so likely you are screwed. They are almost always on an as is where is basis. Even if it wasn't an as is sale, good luck getting the bank to pony up a nickle on a home they unloaded. I think you're screwed on this one, sorry.
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Know why the middle class is screwed? 3 classes, 2 parties...
To punish me for my contempt for authority, fate made me an authority myself. ~ Einstein
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10/12/11, 10:38 AM
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Join Date: Oct 2004
Location: Ohio
Posts: 4,325
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Lawyers are always ready, willing and able, to help. Retainer Please. 
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10/12/11, 10:54 AM
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Join Date: Jun 2011
Location: South Carolina
Posts: 1,987
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The downside to buying a foreclosure is it's usually as-is. I have never heard of one that wasn't. Sorry...you are probably just screwed on this one.
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10/12/11, 02:59 PM
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Join Date: Dec 2010
Location: Central Oregon
Posts: 6,175
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Well, at least you got a good deal on a nice property.
Just be glad that Oregon allows a post construction inspection. Some states would make you tear all that down.
It's too late now, and you probably won't be moving again soon, but before I buy, I verify that everything was properly permitted.
My own house never had the final inspection, and because I had it in my offer that it had to have all of it's permits and inspections, the seller had to pay to get it inspected and finalled and the seller had to replace the leach field.
You can actually do that with a bank. I don't know why they loaned money on a house that hadn't been permitted and inspected. It would have been a good way to get the bank to lower the price midway through the deal.
It's easy to check on permits and inspections before you make an offer. For next time, or for the next guy.
Keep in mind that if you ever want to sell it, your buyer is most likely to check on permits and make you get it permitted and inspected. Also, the insurance company can use that lack of inspections to refuse to pay a claim. So just ger 'er done.
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10/12/11, 09:54 PM
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Critter Mama
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Join Date: Nov 2004
Location: NW Oregon
Posts: 974
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Well, we MIGHT have an out. Our realtor found the listing from 2001 ,last time house was sold, that shows the deck, roof, and the utility room. We are thinking if the county hadnt caught it in over 10 years, well they can go ..... lol. Will keep you posted.
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10/12/11, 11:48 PM
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Join Date: Oct 2010
Posts: 467
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As much as I hate to say it, you might want/need to talk to a lawyer. City bureaucrats (sp) have no qualms hassaling "Joe Citizen", but will often back down when confronting a legal pro. If they have to involve the city's attorney, it becomes a burden to them. Fight fire with fire!
The fact that you are the third owner with these "improvements" should eliminate you from liability (IMHO).
Good luck!
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10/13/11, 10:44 AM
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Join Date: Dec 2008
Location: Illinois
Posts: 8,264
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I'd start by speaking with your realtor. You might also ask the bank from which you purchased the property. You know, one of the issues with foreclosed properties is that they have issues. Since the previous owners were foreclosed upon, going after them would be like trying to get blood out of a turnip. This just stinks and I'm sorry that you find yourself in this position.
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Moms don't look at things like normal people.
-----DD
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