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View Full Version : Selling a home without permits and not up to code


jimbo999
Jan 21, 2009, 11:26 PM
I inherited a home in Portland Oregon (Multnomah County) from my Dad
And it appears some things may not be up to code. My father also added
On a basement and I am not sure if he obtained all the required permits.
Can I still sell a house if it is not up to code or if it does not have
The required permits? Does selling it "AS IS" take care of that?

LisaB4657
Jan 22, 2009, 07:01 AM
It depends on the laws in your municipality. For example, in NJ some towns require that the seller obtain a "Continuing Certificate of Occupancy" as part of the sale. Others just require a smoke detector certificate. You can find out from a local realtor what is required in your area.

If your local laws do not require any certificates or inspections then you can sell the property as is but you have to make sure that the contract for sale specifically states that the seller makes no representations about the status of the property with regard to compliance with local codes. Most form contracts contain language that the house complies with all local ordinances and all necessary permits have been obtained. You have to have that removed.