How to Avoid Unapproved Legal Issues When Buying a Home

Posted by Delan Cooper
1
Mar 31, 2016
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Before buying a new home and signing a property contract, there are a lot of things that you need to take into consideration. Just because the home, building or property looks good doesn't mean that there may be serious flaws that you aren't at all aware of at the surface. Many home buyers are not very knowledgeable in terms of legal aspects that may revolve around the home they're looking to buy. One such issue would be illegal or unapproved home renovations, additions or improvements that may look nice but that were done without the proper permits and are considered illegal.

How to Protect Yourself Before Signing the Contract

Before you sign the contract for any home, it is imperative to avoid commercial property disputes by having the home property inspected and assessed. This involves bringing in a home expert and building inspector to check for any illegal additions or improvements. This might be as simple as a deck that was built without a permit to a septic system that is completely out of code. The home building inspector will be the professional to get involved with before you sign any type of contract with your agent. All of these processes will be much easier if you build trust in your relationship between you and your agent at the very beginning.

The reason it is imperative to do this before conveyancing law goes into effect is because many new property owners will get left with the fine if it is found that their new home as an unapproved addition or improvement. Most personal property law will not involve the old seller just because it is thought that a building inspector should have gone in before the home was purchased. If you buy a home with unapproved additions or improvements, you may be left with the fine if this is ever found out. This is why it is essential for you to have the home fully inspected before you even make the decision that signing the contract is the right decision for you to be making.

Working with a Lawyer

A contract property lawyer should always be used before buying a piece of land or home. This lawyer is the one who writes up the contract and adds in stipulations if there is ever found to be a flaw in the home that could result in a fine. If you do not use this type of lawyer, you will not have this type of contract written up and so you may be the one left with the fine if these things are ever found within your new home. The lawyer will sit down with you and discuss any issues that you might have when thinking of buying a new home.

Working with a lawyer when buying a home is essential for protecting yourself against any issues later on when owning the home. They will come up with the draft and final copy of the contract and this is to be signed by both you and the person who is selling the property to you. Having a contract like this may not seem like such a big deal, but it can definitely protect you later on if there is ever found to be an illegal and unapproved addition put onto the home or building. This is a wonderful way to live comfortably without the worry that you are dealing with something that could cost you a lot of money down the road.

What Are Unapproved Structures and Improvements?

Inspectors may be able to spot code violations, but they are not going to be able to identify unequivocally if all improvements were done with the proper legal permits. Therefore, as the buyer, you must be proactive when looking into the history of the property.

Unapproved structures can include sheds, garages, guest homes and additions. Additions may include porches, decks, sunrooms and finished rooms. These structures can be obvious, but there are other things that must also be considered. Pergolas, pools and other outdoor features must also be legally approved in order to comply with all relevant laws and regulations.

Improvements also include household renovations that may not be obvious. Most of the time, an updated bathroom or kitchen must be completed with proper permits. Finishing a basement or attic is another example of an improvement that must comply with all relevant legal codes. Any interior or exterior alteration or installation must be approved by the regulating authorities in order to be legal.

Because unapproved structures and improvements are legal matters, it is important to work with a conveyancer. This is a specialized lawyer with expertise in conveyancing, which is the legal transfer of property from one person to another.

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