Truth In Housing - Follow The Rules

By Author: Blake Vanderhyde
Total Articles: 2
Comment this article

If you are going to buy or sell a property, one thing you should familiarize yourself with are the rules in your city or municipality that govern inspections. Many cities require mandatory inspections in order to maintain quality control of the city's housing stock and to provide accurate information regarding the condition of property. This should not be confused with the voluntary private home inspection that a buyer would typically have performed on a property before he or she decided to purchase it. While it is almost always a good idea to perform private home inspections, they are not always mandated by law. If you are uncertain about whether your particular city has such an inspection requirement, call the planning department or check the city's website.

Case Study: John Doe wants to put his house up for sale in Minneapolis, Minnesota. He knows that his house is in disrepair and needs some work, but he is short on cash. He wants to know what must be fixed before he puts the property on the market, so he contacts a Minneapolis Realtor to get more information.

If you are you are going to buy or sell ...
... a property in Minneapolis, Minnesota you must get acquainted with the Minneapolis Truth in Housing Ordinance. Pursuant to the ordinance, before you can sell your property in Minneapolis, you must hire an evaluator that is licensed by the City (as of this writing, July 3, 2008). This evaluator will prepare a report regarding the condition of the house. One copy of the report is given to the seller and another one is filed with City within five business days.

If the evaluator determines that no repairs or replacements are required, then a certificate of approval is issued. The seller should keep a copy of this certificate so he or she can present it at the closing.

On the other hand, if some repairs or replacements are required, then a notification letter is sent to the seller. The seller will then need to make the repairs and get a re-inspection and approval by the City inspector or private evaluator. The Truth in Sales and Housing Department will then issue a certificate of approval, which should be presented at the closing.

The seller must keep a copy of this report on the property so all potential buyers can have access to the information. This report is only valid for two years, or for one sales transaction.

Does the seller always have to make the repairs? No. The buyer and seller are free to negotiate who takes responsibility. The buyer can assume responsibility for the repairs and let the seller off the hook. In order to this, the buyer must sign an acknowledgement of responsibility, and submit this to the Truth in Housing Department. The buyer then has 90 days after the closing to make the requisite repairs. After the repairs are completed, the buyer must get a re-inspection and approval by the City inspector or private evaluator to make sure everything was done properly. The Truth in Sales of Housing Department will then issue a certificate of completion.

John Doe is almost ready to get started, but before he hires a Truth in Housing Evaluator he wants some examples of common repairs so he can start to prepare his budget.

According to the City of Minneapolis website, examples of common repairs include (but are not limited to): Electrical System - exposed wires such as open junction boxes that have the cover missing AND have wires that are uncapped, not taped, AND are out of the box so that someone can get shocked. Permit is needed to install a fixture. No permit needed to tape or cap wires, put wires back into box, and cover box. Smoking Detectors - missing or inoperative smoke detectors. No permit need to install battery-operated smoke detectors.

How about things that are not covered by Truth in Housing? According to the City of Minneapolis website, examples of Common Items not covered by Truth in Housing - Roofs (unless structural), missing storm or prime windows or doors, missing window sashes, holes in walls or ceilings, chipped or peeling paint, torn carpet or broken tile, plumbing s traps, except in basement, galvanized plumbing system, as long as it is not tampered with or overfused, lack of laundry facilities, or lack of basement floor drain, basement is not full (crawl spaces are OK), toxic substances such as asbestos, lead-based paint, formaldehyde, radon, non-essential systems such as woodstoves, fireplaces, or air conditioners, basement plumbing fixtures that are not vented, such as basement showers.

Remember, every city and municipality is different. Moreover, rules are always subject to change. Just because something is not covered by Truth in Housing, does not mean it doesn't require attention or repair. That is why it is important to call your city planning department or visit the city website to make sure that you have up to date information, and also consider a private inspection. Much of the information discussed in this article comes from the City of Minneapolis website. This article should not be considered legal advice.

Blake Vanderhyde is a Realtor and Licensed Attorney in Minneapolis, Minnesota. For more information, please visit www.minneapoliscondosandhomes.com