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Sell a house with open building permit
Anonymous4 views3 answers
Can I legally sell a house with an active building permit (only rough inspection passed)? Is any one (title co) responsible for researching the status of building inspections/permits?
Thank you!
You can sell it, but it is not supposed to be occupied until a certificate of occupancy has been issued. This generally occurs after a final inspection.
Good Luck.
Jeffrey Whitcomb
Whitcomb Law Firm, Ltd.
www.whitcomblawfirm.com
Stephen Samuel MessuttaReal Estate AttorneyWilmette, IL ·
1. Yes but things get complicated. As a simple example the buyer will want to get the benefit of the building permit and this has to be dealt with, and you'll want to be off the hook for further construction responsibility.
2. Yes it will be part of the contractual process and you as seller will most likely be responsible for providing all of the relevant information to the buyer. If you don't, the process will get bogged down. Title companies only disburse construction funds and insure construction lenders; they don't get involved in the permits or inspection process.
You should be able to sell the property subject to this being known and the buyer assuming the responsibility. The type of financing available for the purchase may be impacted.