Dear Barry,
The home we plan to buy has two additions, and according to the sellers' disclosure statement, both were built without permits. If we buy the property, do we assume full responsibility for these additions, or do the sellers retain some degree of liability? Secondly, what are the potential consequences to us if we buy this house, now that we have been informed of the illegal additions?
Terry

Dear Terry,
The sellers were in violation of the law when they built the additions without permits, but their legal exposure is about to evaporate. If they provided you with full disclosure of noncompliance, then you, as the new owners of the property, assume responsibility for future fallout. Possible consequences are two-fold: First, you will be required to make full disclosure to future homebuyers, and this could adversely affect the purchase price and marketability of the home. Second, the local building department could eventually force you to make costly alterations to the additions to bring them into legal compliance. They could even require that the additions be removed.

As a buyer, you should carefully weigh the risks and benefits of this purchase. Before committing to this transaction, you can request that the sellers apply to the building department for an as-built permit. If they agree, the additions could be officially inspected and rendered legal if they are found to comply with building standards. If you elect to take your chances with the illegal additions, you should at least question the local building officials regarding their stance on bootlegged add-ons.

If you proceed with an as-is purchase, it should be with caution and with as much pertinent information as possible. This, of course, includes a professional home inspection to learn the full extent of property defects, not just those that involve unpermitted additions.

Dear Barry,
We bought our home about five years ago, and no one disclosed that the vinyl floor tiles in the basement contain asbestos. So now we have two questions. Is there is an acceptable sealer that can be applied to these tiles rather than having them removed? And do we have legal recourse against the sellers for nondisclosure?
Kristin

Dear Kristin,
Asbestos fibers have been used in the manufacture of many vinyl floor products, a fact not commonly known by most homeowner. The requirement for sellers to provide disclosure only applies to conditions that are known. Therefore, the former owners of your home are not necessarily liable for failure to disclose. Additionally, the five-year time lapse since you purchased the home would weigh heavily against disclosure liability, but that is a legal consideration that may vary from one state to another.

Most importantly, asbestos-containing materials are only hazardous when they are "friable," that is, if they can be crushed with normal hand pressure and thereby release fibers into the air. With vinyl floor tiles, asbestos fibers are embedded in a solid material that prevents release under normal use. The EPA, in fact, has determined that such materials are not hazardous if left as-is. If you are planning to remove the tiles for any reason, they should be tested for asbestos content and removed by a licensed asbestos abatement contractor if the test results are positive. Otherwise, there is no need for concern regarding adverse health effects.

Distributed by Access Media Group. To write to Barry Stone, please visit him on the web at www.housedetective.com

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