Happy: Will an insurance company insure our home if there is a unpermitted cottage?
I’m in the process of buying a foreclosure home (Saratoga,CA, can’t transfer the insurance since it has already lapsed) that has a detached unpermitted cottage (2 bedrooms, kitchen, bathroom and living room total of 900 sq ft), the main home also has a unpermitted converted garage that is used as a in law quarter (separate entrance and full bathroom), it also has a unpermitted sun room too. I really love the home and tried looking for home insurance but it looks like no one will insure me. Is there anyway I can get insured for this property without having to lie about these unpermitted additions to the insurance company? Any advice would be appreciated and any suggestions which insurance company would insure me for a reasonable price. Thank you in advance.
Answers and Views:
Answer by EMT-B
first did you know that the the property had unpermitted additions when YOU STARTED THE PROSESS OF buying it
IF NOT YOU NEED TO SEE A LAWYER.
if you are buying a property with problems never pay anything for the unpermitted part. Many time you can even bargin down the value of the property. because of problems.
also check with the building department as to what it will take to bring to property in to legal status. in some areas it many be easy as paying the building fees. and in others you may have to tear down unpermitted buildings.
PS GET EVERY THING FROM THE BUILDING DEPARTMENT IN WRITING.
If the bank did not disclose the defect when they put it up for foreclosure sale. i hope you got title insurance.
if that is the case see a lawyer
I think you should go to the local building department (city or county) and apply for as built permits for these unpermitted structures. Although costly, it’s better than Code Enforcement coming by, realizing that those additions/properties are unpermitted and going to court, seeking an injunction to have you (1) obtain as-built permits or (2) having them torn down.
It is more expensive to have Code Enforcement come in and seek relief from the courts (assuming you don’t comply and apply for as built permits) because you may have to pay their attorneys’ fees when they win.
I believe you apply for as built permits from the Building Department in the city. Make sure you’re in the incorporated portion of the city, otherwise you’ll have to go to the County Building Department.
Also, if the bank didn’t know that these additions were unpermitted, you wouldn’t have an recourse. Most foreclosures are sold as is and requires buyer’s diligence. A title insurance policy may or may not disclose unpermitted additions (depends on the wording of the policy). As I recall, a title insurance policy only guarantees that you have marketable title to the property.
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