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Unpermitted garage room? Open city notice? It can still sell.

A lot of Bay Area houses have a bedroom behind the garage, an in-law unit or a deck nobody permitted. A cash buyer can take the house as it is, without you legalizing or tearing anything out first.

Why permits matter in a sale

When the county's records say two bedrooms and the house has four, appraisers and lenders notice. Unpermitted space usually isn't counted at full value, and some lenders won't finance a house with an illegal unit. A buyer with a loan may ask you to get permits first, which can mean opening walls, bringing things up to current code and waiting on the city.

Open violations and liens

If the city has issued a notice of violation, fines may come with it, and unpaid fines can be recorded as a lien on the property. Liens are paid from the sale price at escrow, so they don't block a sale, but they do come out of your proceeds. Pull together any notices you've received so the buyer can see what's open.

Telling the buyer

Disclose what you know about work done without permits. You don't need every detail, but if you or a past owner converted the garage, say so. A cash buyer who sees it on the walkthrough will factor it in either way, and putting it in writing protects you later. In San Francisco, the seller also provides a 3R report from the building department showing the permitted use of the house.

Accessory units and newer state rules

California has spent years making it easier to build and legalize accessory dwelling units, and some cities run programs for bringing older units up to code. A buyer may decide to legalize the unit after closing. That's their project, not yours. The Department of Housing and Community Development tracks the state rules, and your city's building department, like San Jose's Planning, Building and Code Enforcement, can pull the permit history on a specific address.

Questions people ask

Can I sell a house with an unpermitted ADU?

Yes. A cash buyer can buy it as it is. Disclose that it was built without permits.

Do I have to pay off code fines before selling?

Recorded fines and liens are paid from your proceeds at closing. You don't need the cash up front.

Will the city inspect the house when I sell?

Most Bay Area cities don't require a building inspection at sale. Berkeley and the EBMUD service area do require a sewer lateral certificate, and San Francisco requires a 3R report.

Will the buyer make me remove the unpermitted room?

No. Removing or legalizing it is up to the buyer after closing.

Tell us about the house

The address and what's going on with it. That's the whole first step, and it takes about ten minutes on the phone.

(800) 000-0000

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