Expert: Karyn Foley - 12/13/2004

Question
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Followup To
Question -
Hello Karyn,
My question concerns an elderly relative that recently sold her home in Pennsylvania.
The closing was done in early August of this year and she moved into a senior apartment complex.
The sale included a garage on a separate piece of ground located across the road from her main house that was on the city tax rolls as a seperate lot and block.
A couple of months after the sale was completed, the new owner applied for a permit to improve the garage and when a city inspector came he said that new concrete had to be done to replace the old apron in front of the garage before any permits approved.
I'm not sure of the legal details except that the city is saying that my relative is responsible for the cost of replacing the concrete.
Since the house had been inspected prior to the sale and was approved and the sale went thru, why would my relative have any obligation for the repairs?
Thank you for a prompt response.
Bill Shera
Answer -
Dear Bill:  Sorry for the day's delay, but I hope I can point you in the correct direction.  Having been part of a city's
control over property, I know that you deserve to have the answer explained to you clearly, and even supported by the property documentation.  I do not feel, and I may be incorrect, that an inspector would know about this type of obligation.  However, I would call your inspector and may this inquiry.  If it turns out that the inspector should have known and should have advised, then I would ask the inspector to be reponsibile, at least in part of the financial obligation.  Most inspectors are covered by errors and omission insurance.   If you were represented by an agent, your agent has certain disclosures and representations that must be made, so contact your agent immediately.  If the costs involved are only a few hundred dollars, it may be wise to have your relative pay.  If the cost is extraordinary, perhaps you would be best advised to pay for one meeting with a real estate attorney who can give you the property support and advise.  Maybe, buyer and seller could share in the expense.  The only thing that makes sense to me is that some times permits will be issued only if other repairs are needed in order to bring the home up to existing standards and codes.  Perhaps retrofitted is a good word.  But each city and each county and each state has their own rules and regulations, and by going directly to the source and having documentation given to you can answer your question.  I really know absolutely nothing about Pennsylvania, so please take the time to do research, and if still in a quandry, seek legal advise.  Best of luck, and please let me know what happens as this is the first time I have heard anything like this!  Happy holiday season, and I hope your relative can solve this problem, and she is luck to have you concerned and involved in her behalf.   
KARYN FOLEY
Hello Karyn,
Thanks for your prompt response. My relative's son has been involved in this problem and his attitude is to just pay and get the work done, as you have suggested as one of the solutions. I felt that before doing that, another opinion wouldn't hurt.
I'm going to pass your answer along to him and let him decide. Thanks again.
Bill Shera

Answer
Gee, Bill, why would anyone be so quick so spend money they might not have to.  Once some one opens their wallet in a real estate transaction, that wallet becomes a continuous source of income requests.  I like his attitude of just paying, but agreeing to just paying is fine after all options are explored.  Then the payer becomes the generous one, doing what needs to be done in the spirit of cooperation, not just some  easy mark.  Now, if it is just a couple of hundred dollars, then I would agree.  How much is it?  KARYN FOLEY