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I have a friend who lives in Fern Forest. She has a small house and has spent the past year building a detached studio which is finally finished. She obtained all required permits and passed all inspections. Unfortunately, she also has neighbors from h-ll who are so intrusive and threatening that she is ready to sell to get away from them. However, when she tried to list her property, she was told that because she had built the studio on her own, without a contractor, she cannot sell until one year after completion. That sounds just plain nuts to me — if it’s properly permitted and inspected, why would there be any restriction on selling and what difference would a year make? I’d really appreciate any comments or suggestions on this situation since it makes no sense to me. Mahalo.
too soon old, too late smart
I don't know how I got over the hill without getting to the top.
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(not a realtor) it's called owner/builder and you are required to wait, however i know someone who because of a proven hardship was allowed to sell
Edited by - loffelkopffl on 10/09/2007 06:36:56
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Lin,
Yes, it's true if you are owner builder you are supposed to wait one year from the time it was finaled. I called the planning Dept about this very subject once and they said they don't really look out for it but if someone filed a complaint that then they would act, there is a stiff fine but he said nobody had ever been hit with it.
just my 2 cents worth.
Lee
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Wow,that just seems wrong.If you own it you should be able to sell when you want.I wonder what the reason is for owner/builders to have to wait one year before trying to sell?
The next question would be,is there anything she can do to make her life better,even with neighbors from Hades?What is exactly the problem with the neighbors,do they play loud music or...?
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Unfortunately, it's true. While the COH might not enforce this rule, the DCCA does. (The penalties are severe from both!) Real estate companies are governed by the DCCA and are prohibited to take such a listing. (In fact, they are prohibited to even talk about taking such a listing at a later date.) I don't think a "neighbor from h-II" qualifies as hardship but if she can prove hardship she can sell before the year is up.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
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Question again. If they did allow neighbor from h-II as a hardship won't that have to be disclosed when sold.
I would think the one year from completion would
Because of lack of one year contractor warranty.
Not sure
Wyatt
"Yearn to understand first and to be understood second."
-- Beca Lewis Allen
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Wyatt, even though GCs regularly provide a one year warranty, by law they are not required to. I assume they do because nobody would use their services otherwise. In regards to your other question, "neighbor from h-II" would not have to be disclosed by law since it's a personal matter between two neighbors. However, if I were the seller, I would disclose it.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
thanks John for clearing that up!
Related question:
would the same rule apply to an As Built O-B permit pulled only to legalize a pre-existing unpermitted structure inherited from a former owner?
In my case it would be a small uncovered deck, not habitable space.
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quote:
thanks John for clearing that up!
Related question:
would the same rule apply to an As Built O-B permit pulled only to legalize a pre-existing unpermitted structure inherited from a former owner?
In my case it would be a small uncovered deck, not habitable space.
Interesting question and I originally would have said "No!" One of my agents brought up this question to a real estate attorney who was our guest speaker at our last office meeting and he said the same rules apply. As long as you pull a permit as an owner builder for anything, you have to wait one year.
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
thanks again John!
That was NOT the answer I had hoped for (lol) but it's very good to know.
Anyone know a contractor who does small kine jobs for owners in this predicament?
