Monday, November 25, 2019

"I'm no real estate attorney, but I saw one perform once at a circus..."

I've been in the market looking for a new home over the past few months in the Kennesaw / Marietta Ga area. It is really disturbing how many homeowners and jackleg contractors are making the mistake of not permitting renovations. If you are in the market to purchase a home, it doesn't take much effort to figure out if renovations were actually permitted and inspected if you (or better - your real estate agent) asks the right questions.

Several weeks ago a selling agent got frustrated when I pointed out that bricking over the garage exterior and converting it into livable space is actually illegal and should be disclosed. This is serious because safety issues, electrical and mechanical demand and load calculations, taxes, etc. are all affected. I was asked to "make a reasonable offer", so I said "80k less than the $250k asking price still might not be safe".  Of course they thought I was a jerk.

My agent and I have discussed this several times in the days that followed as we both have noticed the home continues to stay on the market a lot longer than average. She was equally upset that the other agent couldn't understand what a legal liability and risk was being presented.  If the deal goes down and the tax assessor or fire marshal (or even a disgruntled neighbor calls rhe buiding authority) eventually I can see the original owner, selling agent, closing attorney and contractor all being named in the lawsuit to follow.  The problem is, someone WILL buy that home eventually and not have a solid inspection before closing. How much do you think that screw up would cost to repair if not done prior to a sale?

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