Legal Question in Real Estate Law in Wisconsin

Post home closing question

Hi

This is a issue with a residentail house that I just closed.

The basement was constructed by the seller without obtaining any permits.

So my Buyers agent had a contingency in the offer that required

''the seller to obtain the necessary documentation from the city verifying that all work done on

the basement has been properly built to code and that the seller agrees to pay for any expenses

that may arise as a result of not obtaining a Building Permit at the time the basemnet was

finished'' prior to closing.

We were supplied with the permits the day before we closed but unfortunately there was a letter

in there from City's Neighbourhppd Preservation & Inspection Division which had these words

'' Since the limited inspection of the electrical system did not reveal any violations that would

cnstitute a hazard, the inspection Unit will take no further action in this matter. Your fee

paid for an electrical permit will be refunded and the electrical permit will be purged from our

files.'' Unfortunately my agent did not point this out to me prior to closing and to my dismay,

just after we closed my buyers agent got a phone call from the Electrical inspector (wh


Asked on 1/25/08, 10:22 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Real Estate Closing--Building Inspector Issues After Sale

Generally speaking, if there is any chance that a City Inspection issue remains unresolved at the time of closing, most lawyers would recommend that the closing be postponed. By closing, a buyer waives most issues, particularly those of which he was notified before finalizing the purchase. The rest of your question was cut off. Real estate brokers are nearly always paid by the seller, hence the idea that they ever represent a buyer is an illusion. The only person who represents a buyer is the buyer's attorney. Buyers who decide to proceed to closing without legal representation therefore do so at their own risk and are far more likely to face a problem of this nature.

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Answered on 1/26/08, 8:31 am


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