We have sold our 1995 built home. One item that needs to be addressed is "Bathroom fans vent to attic and need to exhaust to the exterior of the attic to prevent moisture condensation in attic." I have been told that homes built prior to 2009 (which is when this actual code went into effect) do not need to have this done as homes built prior to 2009 are grandfathered in. I am trying to find out if this is the case as a licensed HVAC company has told us this but we are looking for the actual code to show the inspector. Any help would be so appreciated.
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2Home inspections (done by a home inspector as opposed to a municipal or building inspector) CANNOT "require" anything. They can suggest things.– Speedy PeteyAug 28, 2014 at 23:55
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2If the home is already sold (closed), then requirements like this should have been addressed and their resolution laid out in the contract. If you are still negotiating, I'd probably offer the cost to fix regardless if it's required by code or not since it's a minor item.– PaulAug 29, 2014 at 0:15
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1Not modifying the system is unlikely to be a deal breaker. If the buyer wants it done before sale because they will not have the cash after the purchase, then consider having the cost of the work added to the good faith money, increasing the sale price by the cost of the work, and then performing the work prior to sale.– user23752Aug 29, 2014 at 13:57
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1Wouldn't your local AHJ be in a better position to answer questions about building code where you live? For one thing, you haven't told us where you are so how could we possibly know your local codes?– Niall C. ♦Aug 29, 2014 at 16:13
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2 Answers
You'll want to check with your local government. The sale of a house often requires some things to be brought up to current code. What things are required, depends on the local government.
For example. In my area, sump pumps are required. If you're selling a house without a sump, you'll have to install one before you can close. A nearby area requires hardwired smoke detectors be installed before closing.
Selling a house where an inspection is required, means you'll have to pass the inspection before the sale.
If this inspection was done by the buyers (buyers inspector), they have every right to request whatever repairs they want. You as the seller have every right to deny the request, renegotiate, or cancel the deal (assuming you haven't finalized the contract). You might want to contact your lawyer.
answered Aug 28, 2014 at 23:07
Normally, as part of the process of selling the place, buyer and seller negotiate whether this kind of item will be fixed by the seller or if the price will be adjusted slightly and it will be fixed by the buyer. Since you say you have sold the place, presumably that's already been settled, and if you agreed to fix it you have to fix it (or get it fixed).
Exhausting to outside IS recommended practice. It's usually an easy fix, running a bit more duct and installing a through-wall vent (or, if unavoidable, a roof vent).
Just do it.
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Sometimes these things are actually required by the bank or the local building department, and must be fixed before the sale can close. The OP is not specific about which stage of the sale process they're in. Since they're saying it's their responsibility to fix it, I'd assume they have not yet closed. Once you close; unless you've built some type of clause into the contract, the seller is no longer responsible for repairs. Aug 29, 2014 at 18:02