The Legal Implications Of Unpermitted Work: Can You Sue The Previous Owner?Jayla February 15, 2023 Article
Unpermitted work in a property is a common problem that can cause significant issues for buyers and sellers alike. It can be frustrating and costly to fix, and it may also create safety hazards for the new occupants of the property. In some cases, the previous owner may be held liable for the unpermitted work, but the legal implications of such a situation are complex and vary depending on several factors.
In this article, we will discuss the legal implications of unpermitted work and explore whether you can sue the previous owner for damages.
What Is Unpermitted Work?
Unpermitted work refers to any construction, renovation, or alteration that has been made to a property without the necessary permits and approvals from the local authorities. Permits are required to ensure that the work meets building codes and safety standards, and to protect the occupants of the property.
Unpermitted work can range from minor upgrades such as adding a room, to major structural changes such as removing load-bearing walls or adding new plumbing or electrical systems. Regardless of the extent of the work, if it was done without proper permits, it is considered unpermitted work.
Why Is Unpermitted Work A Problem?
Unpermitted work can pose several problems for property owners, including:
- Safety Hazards: Unpermitted work may not meet safety standards, which can create hazards for the occupants of the property. For example, unpermitted electrical work can increase the risk of fire, while unpermitted plumbing work can cause leaks or flooding.
- Legal Issues: Unpermitted work can result in fines and legal action from the local authorities, as well as legal action from the new owner of the property.
- Resale Value: Unpermitted work can lower the resale value of the property, as it may create uncertainty and mistrust among potential buyers.
Can You Sue ThePrevious Owner For Unpermitted Work?
Whether you can sue the previous owner for unpermitted work depends on several factors, including:
- State Laws: State laws vary regarding the disclosure requirements for unpermitted work. Some states require the seller to disclose all known defects, while others require the seller to disclose only those defects that would materially affect the value or safety of the property.
- Contractual Obligations: The sale contract may include provisions that hold the seller liable for unpermitted work, or that require the seller to disclose any known defects.
- Timelines: In some states, the new owner has a limited time frame to discover and pursue legal action against the previous owner for unpermitted work.
To determine whether you can sue the previous owner for unpermitted work, you should consult with a real estate attorney who can review your situation and advise you on your legal rights and options.
If you decide to pursue legal action against the previous owner, you may be able to recover damages for the cost of bringing the property up to code, as well as for any damages resulting from the unpermitted work, such as property damage or personal injury.
How To Avoid Unpermitted Work In A Real Estate Transaction?
To avoid the risk of unpermitted work in a real estate transaction, you should take the following steps:
- Hire A Reputable Home Inspector: A professional home inspector can identify any potential issues with the property, including unpermitted work, and can provide an estimate of the cost of repairs.
- Ask For Permits: Ask the seller for copies of any permits that were obtained for work done on the property.
- Research Local Laws: Research the local laws regarding unpermitted work, and consult with a real estate attorney if you have any questions.
- Negotiate The Terms Of The Sale Contract: Include provisions in the sale contract that require the seller to disclose any known defects, including unpermitted work.