Open permits many years later turns into costly problem

[ttryon]

What is the name of your state? Michigan

I have a number of customers that have purchased homes over the last few years. There homes had decks build by another contractor in late 1990's. The decks were never built to the satisfaction of the local building departments so the city never passed the final permit. The local building departments are now requiring the new owners to finalize these permits by bringing the structures up to today's building code. I tracked down the original contractor, his license was revoked in 1997 and he was also fined. I am wondering if the local building departments might be held responsible for not closing these permits prior to sale of the home. If not, is there any other possible legal avenue for my customers to persue.

Thanks,

Ted

 

[HomeGuru]

What is the name of your state? Michigan

I have a number of customers that have purchased homes over the last few years. There homes had decks build by another contractor in late 1990's. The decks were never built to the satisfaction of the local building departments so the city never passed the final permit. The local building departments are now requiring the new owners to finalize these permits by bringing the structures up to today's building code. I tracked down the original contractor, his license was revoked in 1997 and he was also fined. I am wondering if the local building departments might be held responsible for not closing these permits prior to sale of the home. If not, is there any other possible legal avenue for my customers to persue.

Thanks,

Ted

**A: when you say customers, what do you mean? Did you sell the homes as a real estate agent or developer?

 

[ttryon]

No not at all. I am the builder that is fixing this persons mistakes. In one case, we had to tear down a second level composite deck and rebuild it from scratch. Because of the poor construction, this homeowner was faced with a large bill for water damaged to the inside of the home. I am only involved as a contractor. I just want to know the legalities behind this situation.

Thanks,

Ted

 

[HomeGuru]

Generally there would be recourse but in this case it appears that the original contractor is long gone. Your clients should have investigated and confirmed with the building department as to the completion of inspections and close out of permits prior to closing. Then the permit and code violation problem would have been discovered and they would have negotiated with the Seller.

 

[ttryon]

Thanks for your reply,

Ted

 

[HomeGuru]

Thanks for your reply,

Ted

**A: ok and keep up the work.