Real Estate

outstand building permit...days before closing

  • Last Updated:
  • Aug 24th, 2021 6:07 am
[OP]
Member
Jan 12, 2011
218 posts
105 upvotes
Hawkesbury

outstand building permit...days before closing

SO it seems I have 2 outstanding building permits..1 from 1985 and 1996, both before I purchased the house. I know its my responsibility and obviously my lawyer didn't do their job. SO three days before closing, my current lawyer tells me the purchasers lawyer found the outstanding permits, and she has had that info for a week. Inspector is coming Monday morning. BTW one was for changing the house into a duplex in 1985 and the 1996 was adding a bedroom in the attic. I have been charged water tax as a duplex since my purchase in 1999. Someone isn't doing their job. wish me luck
5 replies
Deal Addict
Mar 2, 2017
3213 posts
6154 upvotes
Toronto/Markham
Ouch, this could be painful. I was in a similar situation with a client listing a couple months back.

It will come down to you either close out the permits (assuming the clauses are there and it's actually feasible to do so) or you lower the sales price for the buyer to assume that responsibility if they are willing. Your lawyer may be able to get you out based on timing as they are very old, but I am not a lawyer so I have no idea. Good luck.

Keep us posted on how it get resolved.
Realtor®
Deal Fanatic
Jul 3, 2011
6517 posts
3788 upvotes
Thornhill
Speak with your lawyer about buying Title Insurance specific to these permits. I'm not getting into the details but if the City inspectors' requirement isn't too onerous (it could very well be given what you had done and the code changes over passage of time), and buyer's lawer is smart but not as smart as your lawyer, the buyer will want to accept.
[OP]
Member
Jan 12, 2011
218 posts
105 upvotes
Hawkesbury
Well I got lucky...
first thing he said was the fire separation wasn’t done between the duplexes. My jaw dropped ,,,Then a few quick checks and he said it was acceptable according to the 1983 building code. Besides that, needed a full railing on a stair case and a new smoke detector. All outstanding permits now closed. I believe I dodged a bullet.
He will return Tuesday to take pictures of the railing and test smoke detector.
Deal Addict
Mar 2, 2017
3213 posts
6154 upvotes
Toronto/Markham
Good stuff, thanks for the update.
Realtor®

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