I’m currently under contract for a lakefront home in Maine. the home is owned by a trust. The sellers asked for a 90 day close so their elderly mother can travel to the home to help pack it up. We ok’d it because we’re not in a hurry. During our due diligence period we learned that there was a bunch of unpermitted work outside. The sellers got most of it permitted a few weeks ago but the deck is 3 feet too close to the lake and needs to be addressed. There is an avenue for them to dispute the ruling which will take – surprise, surprise – 3 months.
We were granted an extended due diligence period that lasts a few more weeks. What is a reasonable concession in this situation? The deck will go from 10’ to 7’. We expect the sellers to cover the cost if their appeal isn’t granted and it has to be shortened. The listing did advertise the big deck as a selling feature and didn’t mention the permit issues. We’ve been in communication with the permitting office and have copies of the full permit history for the home now so we feel pretty confident that there aren’t any more unpermitted issues. They’ve inspected the home twice now to get the non- permitted work permitted.
90 day close to address a deck that is too close to the water
byu/JilianBlue inRealEstate
Posted by JilianBlue
4 Comments
Honestly I’d want them to escrow enough money to cover the deck modification at closing, not just a promise to pay if the appeal fails. Three months is a long time and things can get messy with trusts and elderly family members involved
If they’re confident about winning the appeal they shouldn’t have an issue putting the money aside until it’s resolved
Had you not blabbed to everyone you’d have a 10 foot deck.
I don’t understand people who swear on greasing the county as much as possible on permits as if there is some major safety concern here. Unpermitted electrical work? Okay.. Your unpermitted fire pit needs to be two feet to the left and one foot to the right? Give me a break.
Depending what town in Maine, the permitting office can be very difficult and inconsistent. Especially on a lakefront. I would ask for the cost to remedy the issue be set aside. If the seller loses the appeal, will the size difference change your ability to enjoy the view and use the space? I would look at other ways that are permitted to maximize the space and potential costs for those. Can you widen while shortening so the square footage is the same? If the deck is not attached to the house, (freestanding and technically movable) is that allowed? Has there been a large amount of erosion? You can reclaim land but this is heavily regulated and permitted. I would look at all options and costs. Hopefully they win the appeal and it is a non issue.