by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C.
Question:
The home was built in 1963. After the inspection period the buyer discovered minor violations of the current building code. The buyer does not want to close escrow until these minor code violations are corrected. Is the buyer required to close escrow?
Answer:
Yes. The contract does not require that the home comply with current building code provisions. For example, if the plumbing is in working condition as warranted in the Contract, the fact that the plumbing does not comply with the current building code is no basis for the buyer to refuse to close escrow.
The above is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant. Reprinted with permission. Copyright 2007, all rights reserved.
2 responses so far ↓
1 Mark Ptashkin // Nov 8, 2007 at 4:21 pm
Homes or any other structure that were lawfully built or modified and remain in good repair are “grandfathered”. In other words if a building permit was issued, the work was inspected AND approved at the time of installation, 99.9% of the time it is allowed, by the building codes, to remain as is without modification.
Second item, home inspectors are not legally allowed to review items for compliance with the building code. If this continues to be a problem contact the Arizona Board of Technical Registration and file a complaint. They are the body that regulates home inspectors.
For purposes of full disclosure, I am an Building Inspection Supervisor with a large municipality.
2 John Wake - Real Estate // Nov 9, 2007 at 12:28 am
Thanks for the comment!
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