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Updated almost 3 years ago,
Less than 12-months post-CO, me on permit as Contractor
Hoping someone might be able to offer some experience/advice on this.
I bought my home in 2019 and began an addition (permitted). I was listed as the contractor for electric and plumbing (as homeowner). GC, HVAC and Septic were all contracted out and I used licensed trades, listed on the permit. So for two of the five trades I am the homeowner/contractor.
There is a clause in the permit that if you are the homeowner/contractor then you cannot sell the home for 12+ months. My addition has taken a long time (shortage/expense of materials, delays in inspections due to covid etc) and I got my CO and the permits all signed off three years post-permit application. Due to circumstances unforeseen in 2019 when I applied for the permit I need to sell before the 12 months is up.
I paid my attorney to look into the risks associated with this and the fact that I signed the permit application with the intention of staying in the home, but now there is just no way I can stay there. My attorney said she had never heard of it being an issue, couldn't see how it would be an issue as when you sell a home there is no link back to the permitting office, and on top of that said it violated my constitutional right to sell my own property.
However, I am paranoid and don't want to get in trouble. My attorney did not seem to have any awareness of the requirements at all, which makes me concerned. I have searched all sorts of forums/internet and can't find any information on if it is likely I will be prosecuted for selling my home short of the 12 months.
If anyone has any experience or advice I would really appreciate it. Thankyou!