Legal Description Doesn't Match Listing!?

Junoti profile photo

Hello,

I found a property that is advertised as being a 3000+ sq ft home with 5 bedrooms, etc. However, when I looked this property up with the Assessor, it is completely different (less than the listing). I know when I was finishing my basement, I heard rumors of not being able to include the newly finsihed portion of my home without a permit and all the inspections. If it turns out this particular property doesn't have a permit for the extra square footage, can I use that as leverage to discount the mortgage?

Thanks in advance,
Junoti

Comments(3)

  • NancyChadwick29th January, 2004

    It's not unusual to find differences between some data in assessors' database and other sources. As to house square footage, everybody has a different method of measuring it--gross, net, livable, builder-calculated. You may want to speak with the listing agent to see how the agent calculated the SF and/or what source of info was used. In addition, you can contact the zoning or code enforcement officer at the municipality to see what, if any, records they have on the property (permits issued and other matters).

    The horse's mouth--the primary and most accurate source of info-- is the tax assessment dept at the courthouse.

  • JohnMerchant29th January, 2004

    You can sell anything you own, but you'll just need to openly disclose in your P&S Agreement that some of the construction was without permit.

    LOTS of Seattle properties with mother-in-laws, 2d kitchens, etc., with absolutely no permit ever even applied for....but no problem so long as it's disclosed to buyer.

    I've never heard of anybody being ordered to remove the MIL, etc.

    Also, under most building codes and MLS rules, a BR has to have a closet, so lots of "spare rooms" have been added.

    They, of course, were intended as BRs, just omitting the closet when constructed, so as to comply with HOAs, local codes, etc...with the full intent, of course, of adding the closet afterwards.

  • NancyChadwick30th January, 2004

    Quote:
    On 2004-01-29 20:37, JohnMerchant wrote:
    You can sell anything you own, but you'll just need to openly disclose in your P&S Agreement that some of the construction was without permit.

    LOTS of Seattle properties with mother-in-laws, 2d kitchens, etc., with absolutely no permit ever even applied for....but no problem so long as it's disclosed to buyer.

    I've never heard of anybody being ordered to remove the MIL, etc.

    Also, under most building codes and MLS rules, a BR has to have a closet, so lots of "spare rooms" have been added.

    They, of course, were intended as BRs, just omitting the closet when constructed, so as to comply with HOAs, local codes, etc...with the full intent, of course, of adding the closet afterwards.


    Many municipalities in PA require U&O cert. on resales. They inspect the property and check permit files when doing the U&O. No permit if one was necessary = potential problem. Can't sell property without the U&O and won't get U&O without taking corrective action. Perhaps this isn't the case in Seattle.

    But in any event, there might not really be a problem here--just 2 different ways of measuring house SF.

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