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Real estate editor Maryann Haggerty and columnist Elizabeth Razzi respond to a question adapted from a recent online chat.
Frederick: We put in an offer to buy a nice four bedroom, three bath home. The home inspection was fine, so we are supposed to close at the end of July. But the tax records list the house as having only three bedrooms and two baths. Our agent said it appeared that the current owner added the master bed and bath himself without any building permits. The owners are traveling, but their agent assures us that it is all legit. If it is not, do we have any recourse? How hard is it to get permits for something that is already built? Shouldn't our inspector have noticed this?
Elizabeth Razzi: Don't rely on the assurances of the agent, who doesn't seem to have any more concrete information than you. But don't panic. The sellers still have time before closing to produce the permits. If there was no permit or government inspection, however, you're right to be concerned. That fourth bedroom may not be legit, especially if it doesn't have the right type of fire exits.
Maryann Haggerty: A home inspector's job is different from that of a municipal construction inspector. The government inspector makes sure construction meets codes and other government requirements. A private home inspector checks readily accessible systems and components to determine whether they are functional and safe. The practice standards of the American Society of Home Inspectors say these inspectors are not required to determine whether a property complies with regulatory requirements.
ER: You have good reason to insist that the seller deliver four legit bedrooms, as specified in the sales contract. If you can't resolve this question before closing, you might insist that the few thousand dollars of the sales proceeds be placed in escrow until the building inspector approves that fourth bedroom -- localities all have procedures for issuing such "as built" permits. If you need larger windows to meet code, for example, the bill could be paid out of the escrowed funds.
The next Real Estate Live chat will be 1 p.m. July 25.
