From: neilson@osf.org (Peter Neilson)
Subject: Re: No Zoning/Building Permits
Organization: Open Software Foundation
Date: Fri, 17 Apr 1992 10:36:50 GMT

In article <1992Apr16.224538.11515@cs.unca.edu> stigle@cs.unca.edu (Sue Stigleman) writes:
>In investigating a house that my husband and I are considering
>making an offer on, we have learned that the owner may not
>have gotten zoning or building permits for the two car garage
>and poolhouse he added.  At least, the city planning office
>says they don't have any record of the permits being issued.
>
You can make an offer contingent upon city approval of the offending
structures.  It will then be up to the seller to file for a variance,
attend the hearings, and possibly have to remove the structures if he
cannot get approval.  YOUR OFFER SHOULD CONTAIN A REALISTIC TIME
LIMIT and any other stipulations you find necessary.  You don't want
to be tied up for eight years while he chases the wrong officials
around City Hall.  You should have your attorney (urrp! excuse me,
-lawyer-  --  "attorney" is a word lawyers use to avoid appearing dirty)
look at your offer and at any other paperwork.  As my lawyer said, "You
can buy the house without my help, but you'll pay me now, or you'll
pay me later."  House buying can contain (as you've begun to notice)
some astonishing surprises.  Don't rely merely on advice from some broker
on this matter.  Force the seller to get you the Genuine permit or
variance from the city.

To satisfy your paranoia, when you DO get to see the permits or whatever,
have the City Clerk check them against city records, to make sure, for
instance that BOTH the garage and the pool house were approved, and
that the seller didn't just add the words "& pool house" to a permit
for the garage.  ("You're just picking on me because you're prejudiced
against paranoids!")  A good (slightly paranoid) lawyer should be able
to think of other little things like this that need to be checked.

Your situation, BTW, is not unusual.  I think that EVERY house has a
secret hidden -something- that the sellers would prefer you didn't
find out.  Here's my short list:

  - Imaginative wiring and/or plumbing.
  - Removal of bearing walls for remodeling.
  - Wet basement.
  - Creeping mildew.
  - Easements.
  - Customary use of property by people who don't have easements.
  - Bad roof, maybe even if it's new.
  - Bad chimney or improperly installed woodstove.
  - Vexing ice or water conditions that only show up occasionally.
  - Trees with disgusting habits.
  - Railroad nearer and busier than first appears.
  - Neighbour with noxious farm, or loud parties, or evil children.
  - Bad sewage.
  - High crime rate.
  - Monsters under beds.
  - Lawn that needs ten times as much work as you thought.
  - Seller doesn't own property.
  - Seller's ex-spouse or ex-brother or whatever has some control of sale.
  - Major vegitation in back yard is poison ivy.
  - Seller is getting out to avoid neighbor who threatens lawsuit over pool.
  - Garden, in only tillable spot, is actually on neighbor's land.
-- 
            >>>  Peter Neilson  --- neilson@osf.org  <<<
       "The player piano IS SO a portable musical instrument!"
         (Quotation changed daily.  If you've seen this one
                   before, it's still yesterday.)