Agent said to skip asking for the permit

[Quynh-Chi Nguyen]

I am currently under contract for a single home. It will be my primary resident. The property does have a one car garage that is not listed on the property card. My lender requires the seller to provide permit and have it up to code with the town sign off. Both listing and buying agent insist that I can still close without a permit. I said I want the permit because I do not want the town to come after me after the sale. Is it a valid argument? Can the seller walk away from this contract? I know I can but I have spent $1000 for inspection and appraisal already. Maybe I should? Any thoughts here? Thanks -Chi

[Daria B.]

If you don't feel comfortable with any part of any transaction you should not move forward just because someone else says you should.

With that said, there is always (I believe) a solution that everyone can or should agree to.

Your agent should be working in the best interest of you and your goals. All to often someone says, "you can do this or that without it". You are ultimately the one in the end that will have to deal with the fall out - if there is any and at what ever level or degree.

If your lender is requiring it (permit) then they are pretty saying you can't close without it - are they? And how will you close (as per both agents) if your lender, who is the one that is lending and will have the underwriting to closing and not any of the RE agents.

Regarding the seller walking away, your contract dictates each parties responsibilities and obligations. Something your agent should be informing you on at every step. If they aren't, then they are not doing their job to help you.

Push back to your agent and tell them that the lender wants this permit as their requirement and help you get through this transaction.

Have you called the permit office yourself - this is something you may have to do as evidence of what is or is not on file if your agent is not guiding you. It may not be for the agent to "do" this but they should be guiding you on these matters.

My opinion from my own experiences of a seller or lender asking for something and the other side of the equation not wanting to comply.

Good luck!