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​Built To Code - Maybe

Realtors, please note:

When selling a home, every defect you disclose is removed from the list of potential liability, which you, as a Realtor, are exposed to. Beware, however. Throughout San Diego, unpermitted additions and major modifications are found in almost every neighborhood. When disclosing these additions and alterations, the way that you write your disclosures can expose your client and you to financial liability. Many sellers make the mistake of declaring that the work, done without permits, was all done “according to code.” Even if this is just a case of Seller puffery; and, made with utmost sincerity, they are usually made with little or no actual knowledge of building codes.
 
Unless the Seller is a certified building inspector; or, a licensed contractor, he or she probably has no idea whether improvements were done according to code. As a Realtor, you may have the same lack of knowledge. The code books are voluminous and not easily understood by persons outside of the construction professions. In addition, the codes are changed frequently; and, the different municipal jurisdictions are allowed to modify or, possibly, not adopt every item in the approved State code. As an example, the provisions of the codes regarding kitchen exhaust installations are different in San Diego from what they are in Oceanside.
 
As a Realtor, you are obligated to disclose anything that you know that could materially affect a person’s decision to buy the property that you are representing. And, you are responsible for the truth of all representations made by you. When you disclose that work was done without permits, you should also state that “Seller and Seller’s representatives make no guaranty or representation that the work was completed in compliance with local building codes. ”While no one can guarantee total protection from liability, with that kind of disclosure, you should be reasonably safe from complaints after the close of escrow. 

When selling a home, every defect you disclose is removed from the list of potential liability, which you, as a Realtor, are exposed to. Beware, however. Throughout San Diego, unpermitted additions and major modifications are found in almost every neighborhood. When disclosing these additions and alterations, the way that you write your disclosures can expose your client and you to financial liability. Many sellers make the mistake of declaring that the work, done without permits, was all done “according to code.” Even if this is just a case of Seller puffery; and, made with utmost sincerity, they are usually made with little or no actual knowledge of building codes.
 
Unless the Seller is a certified building inspector; or, a licensed contractor, he or she probably has no idea whether improvements were done according to code. As a Realtor, you may have the same lack of knowledge. The code books are voluminous and not easily understood by persons outside of the construction professions. In addition, the codes are changed frequently; and, the different municipal jurisdictions are allowed to modify or, possibly, not adopt every item in the approved State code. As an example, the provisions of the codes regarding kitchen exhaust installations are different in San Diego from what they are in Oceanside.
 
As a Realtor, you are obligated to disclose anything that you know that could materially affect a person’s decision to buy the property that you are representing. And, you are responsible for the truth of all representations made by you. When you disclose that work was done without permits, you should also state that “Seller and Seller’s representatives make no guaranty or representation that the work was completed in compliance with local building codes. ”While no one can guarantee total protection from liability, with that kind of disclosure, you should be reasonably safe from complaints after the close of escrow. 
ur paragraph here.