by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C.

Question: The Seller of the home constructed a garage and another bedroom to the home. This construction was done without a building permit. Can the seller sell the home?

Answer: Yes. If there is full disclosure of the fact that there was no building permit, the seller can sell the home. Any disclosure to the buyer should include the disclosure of the consequences of no building permit; for example, the municipality can require that the garage and the bedroom be torn down.

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 2006, all rights reserved.