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Dayton, OH asked in Contracts, Real Estate Law and Land Use & Zoning for Ohio

Q: Can I compel seller to get building permits after home remodel?

I have placed a contract to purchase a home that the agent/owner recently remodeled. However, they did not obtain the proper building permits for the work done. I have signed the purchase agreement, which includes a condition that the work performed will not result in a change of the home's assessment. The agent/owner refuses to obtain the required permits, despite my concerns about potential future plumbing, electrical, and HVAC issues. I have already consulted with the Chief Building Official, Scott Adams, regarding the unpermitted work. Is there anything I can do legally to make the agent/owner obtain the proper building permits for the work done?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If the seller refuses to obtain the necessary building permits, your options depend on the terms outlined in the purchase agreement. Since the agreement includes a condition about not changing the home’s assessment, the seller may be legally obligated to address these issues. You could potentially hold the seller accountable by enforcing this condition if you can demonstrate that the work done affects the home’s value or safety.

One step you can take is to request that the seller provide proof of the necessary permits before closing. If they refuse, you may have the option to negotiate a lower purchase price or require them to fix the issues before proceeding with the sale. You can also reach out to local authorities to ensure that the work is inspected, which could put pressure on the seller to comply with permit requirements.

If the seller still refuses, you might need to consult with an attorney to understand your rights in this situation. They can help you decide whether you have grounds to cancel the contract or pursue legal action to ensure the permits are obtained or compensation is provided.

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