Property Disclosure & Disclaimer Statement

[quokka]

What is the name of your state? MD

I posted the "Agreed upon repairs being done illegally' post a week ago in this forum and have a further question.

Does the wording of the following question require the Seller to disclose her illegal deck? Is this situation legally what is called a 'known non disclosure'? On the Disclosure form:

Question 15 states "Are there any zoning violations, nonconforming uses, violation of building restrictions or setback requirements or any recorded or unrecorded easement, except for utilities, on or affecting the property?

and Seller answered "No".

Seller got building permit IN HER NAME, had footings inspected but failed to have the framing and final inspection done on the deck. That original permit has expired and deck is now considered nonexistent and illegal by the local County. According to the County, "pursuant to the X County Building Code, it is the responsibility of the permit holder to notify the county when the stages of construction that require an inspection are reached."

What does "nonconforming uses" mean?

Is this deck situation "a violation of building restrictions"? It seems to me to be but I would be very appreciative of opinions from persons more legally minded than me.

I'm asking this because I'm trying to get the seller to cooperate with me to fix the deck and she doesn't feel she has any responsibility in this.
Thanks for any help.

 

[dworrill]

Asked and Answered

 

[quokka]

Asked and Answered

Thanks for reading dworrill. Sorry if I don't understand, it's probably really clear and simple for you folks. Can you explain more?

In this post I wanted to find out specifically if this Q. 15 was THE disclosure question pertinent to this situation. So I can point it out to the seller.

The negotiation is not going well as the seller's contractors are refusing to do the work legally (ie with a permit) so I have to find new contractors. I want to emphasise to the seller that she still has responsibility? or liability? to help fix the deck.

If the negotiation doesnt work, I think I'll take it to the Small Claims Court. Does anyone think that's likely to succeed?

 

[dworrill]

Decks usually/almost always require building permits because of the weight bearing characteristics. However, how many decks do you know of that were built without a permit. I don't want to count the number of decks I built without.

You need to provide more facts. What stage of the buying process do you find yourself? What bearing(pardon the pun) does the deck and its permits and lack of weigh on the outcome of your situation.

Is the issue delving on the premise that the deck is out of compliance and require costs to meet compliance.
Is the issue involve fines for lack of permits. From my experience, the fine varies but usually involves a double fee. Where I live, the fee is $30 for ledger deck (deck attached to the home) so the noncompliance would be $60

 

[quokka]

Thanks for your patience dworrill.

However, how many decks do you know of that were built without a permit. I don't want to count the number of decks I built without.

***None. I was totally naive about them. First homebuyer learning experience! Aren't you concerned? In Baltimore, officials are using aerial photographs and superimposing their permit data over them to uncover illegal decks. Then inspectors are going doorknocking and demanding compliance. Don't you love new technology

You need to provide more facts. What stage of the buying process do you find yourself? What bearing(pardon the pun) does the deck and its permits and lack of weigh on the outcome of your situation.

***I'm post settlement. Although repairs were agreed upon before settlement. They're just didn't finish them - they 'forgot'. And post settlement I became suspicious of the contractor, called the County, discovered deck was illegal and they had no permit for repairs. So I stopped the contractors working cause the County said that's what I should do.

***I'm concerned about the deck being illegal because homeowners insurance doesn't cover unpermitted work; it adversely affects my house resell ability because I must disclose the defect; there are safety aspects like being injured in a deck collapse or liability if someone is injured ; I'm uncomfortable being at odds with county laws and knowing inspectors could come knocking at my door;

***I suppose if you personally know and trust who built your deck you might not worry about all these things.

Is the issue delving on the premise that the deck is out of compliance and require costs to meet compliance.

***Yes although the agreed upon repair would also meet compliance IF done legally. To do the repairs legally would cost slightly more. I was willing to pay the extra but seller's contractors refuse to work under a permit. Apparently they're too busy to have time to stop work for inspections. I'd pay any building code upgrades if there were any.

Is the issue involve fines for lack of permits. From my experience, the fine varies but usually involves a double fee. Where I live, the fee is $30 for ledger deck (deck attached to the home) so the noncompliance would be $60

** Probably would if I left it but that's not my biggest concern.