up to code

Reply

  #1  
Old 03-06-05, 01:17 PM
katiern6
Visiting Guest
Posts: n/a
up to code

After having a new home inspected and it is discovered that there are numberous code violations, is the seller required to fix those violations or is that negotiable?
 
  #2  
Old 03-06-05, 01:33 PM
majakdragon's Avatar
Member
Join Date: Jul 2003
Location: N.E. Arkansas
Posts: 7,813
Received 0 Votes on 0 Posts
I am not the expert in this Forum but I have to ask. Have you already bought the house or was the inspection part of the buying process? Hopefully you haven't purchased it yet. Everything is negotiable. You could get estimates and ask that those costs be deducted from the price. You could require that the owner fix it to code.
Watch this post for the expert opinions. Good luck.
 
  #3  
Old 03-06-05, 01:41 PM
katiern6
Visiting Guest
Posts: n/a
The inspection is part of the buying process. I am in negotiations with the seller regarding the repairs. The repairs are significant and include jacking up the house in a section of the basement and redoing the master bathroom floor and retiling.
 
  #4  
Old 03-06-05, 04:41 PM
lastresort
Visiting Guest
Posts: n/a
Walk away?

Sounds like there will be considerable time and upheaval to suffer while all these problems are being corrected. I would negotiate some compensation for loss of use into the negotiation. If the seller balks, walk away.
 
  #5  
Old 03-07-05, 11:27 AM
M
Member
Join Date: Dec 2003
Location: USA
Posts: 994
Received 0 Votes on 0 Posts
Why would you want to buy a house needing that kind of work in the first place? Unless of course you were looking for fixer-upper and were going to do the work yourself.

But to answer your question, such things are usually negotiable. I got a lower price on the house I bought last year this very way, though the defects were not as serious as you describe.
 
  #6  
Old 03-07-05, 04:25 PM
katiern6
Visiting Guest
Posts: n/a
i'm interested in the house because i have looked at over 45 homes in the past 5 months, and i've lost 9 contracts. This home needs work which i expected and i have had a home inspector(a real one) and a general contractor look at the house.
 
  #7  
Old 03-10-05, 09:16 AM
G
Member
Join Date: Jan 2005
Posts: 16
Received 0 Votes on 0 Posts
Can't speak for your state, but generally speaking. The sellar is not "required" to fix the problems. He is required to disclose any he knows of. However, I would make him fix them, or walk away (hopefully, your contract offer allows this, but you better read it to be sure).
 
  #8  
Old 03-22-05, 06:33 PM
M
Member
Join Date: Dec 2003
Location: USA
Posts: 994
Received 0 Votes on 0 Posts
i'm interested in the house because i have looked at over 45 homes in the past 5 months, and i've lost 9 contracts.
Then you need to look into HUD homes or just get real. If you've lost that many contracts, you're seriously lowballing. I've owned seven houses in the past 30 years, have never lost a contract, and haven't looked at 45 houses total in all that time.
 
  #9  
Old 03-22-05, 08:33 PM
Join Date: Dec 1999
Location: South Dakota
Posts: 3,140
Received 0 Votes on 0 Posts
Katiern

There are very few homes even new ones that do not have at least one code violation. You have no way of knowing how the violation occured. It is quite possible the seller does not even know there is a violation. The repairs in your case could be very expensive. My guess would be that the seller will give a little bit, and if you stall they will say take it or leave it. Remember, it is you that assumes the seller wants to sell in a hurry. Bad mistake. A wise seller will just wait for another buyer. We are in a sellers market, and have been for some time. My best advice is to cowboy up or start looking for house 46. Good Luck
 
  #10  
Old 03-22-05, 09:05 PM
L
Member
Join Date: Mar 2000
Location: Arlington, WA
Posts: 9,238
Received 0 Votes on 0 Posts
How old is the house? What code are they trying to compare it to?? I'll guarantee you that if an inspector walked through my house as it was originally built, he could find literally THOUSANDS of code violations if he were trying to compare it to current code.

(My house was built in 1956, and grounded Romex didn't even exist then, let alone GFCI's!!! It was plumbed with drains of cast iron pipe with lead and okum caulked joints. It has 'hand-stacked' joists and rafters -- not trusses. There is no vapor barrier between the studs and the siding. The kitchen cabinet WERE metal. The door between the dining room and the garage WAS hollow core, and didn't have self closing hinges. Smoke detectors weren't even invented until my house was really old. And the old single pane casement windows would have given him a heart attack. And did I mention lead paint??)

The house you are looking at was built to the codes that were in force WHEN IT WAS BUILT! Just because the codes change, an older house DOES NOT have to be brought up to CURRENT code in order to sell it. So, your inspector needs to know WHEN the house was built, and needs to know the codes that were in effect THEN before he can call it a "code violation"!!
 
  #11  
Old 03-23-05, 10:37 AM
M
Member
Join Date: Dec 2003
Location: USA
Posts: 994
Received 0 Votes on 0 Posts
Excellent point. How could any inspector know everything about what was legal, where, and when?

In reality, I don't think getting a home inspection has anything to do with code compliance (except in the most egregious cases) - it's more about the material condition of the home and its systems and peace of mind for the buyer who knows little or nothing about such things. I've used a home inspector only once, and he was trained and certified by a well-known National organization. The first 15 minutes of the inspection consisted of him telling me (and me acknowledging in writing) everything he was NOT (not an engineer, not an electrician, not a plumber, not a code compliance officer, etc.). The fact is that he didn't look at a single thing I couldn't have done on my own. He did point out a couple of minor plumbing code violations, but missed some others.
 
 

Thread Tools
Search this Thread
 
Ask a Question
Question Title:
Description:
Your question will be posted in: