Selling a house with code violations or open permits
Open violations don't have to block a sale. They do follow the house, so it pays to know exactly what's on file.
No obligation. No pressure. Takes about 2 minutes.
The short answer
You can usually sell a house with open code violations or permits, and some buyers will take them on, but they'll factor in the work of fixing them. In Baltimore, for example, the buyer becomes primarily liable for violation notices on the property's violation report. Virginia sellers must disclose in writing any pending building code enforcement or unresolved zoning violations the locality has notified them of, and Baltimore sellers must disclose a Vacant Building Notice in the contract.
Step by step
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1
Get the full list from your city or county
Ask the local code enforcement and permit offices for every open violation and open permit on the property. In Baltimore, a buyer must get a violation report before the transfer, and you can check for a Vacant Building Notice on the city's CoDeMap or on the lien sheet sent to the title company.
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2
Decide what to fix, close out or pass on
Some items are small, like an open permit that only needs a final inspection. Others need real work. Waiting can cost money: in Baltimore, each day a violation continues after the 14-day window in the notice can count as a separate offense.
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3
Put it in writing for buyers
In Virginia, a written disclosure of pending building or zoning violations you've been notified of is required even for transfers otherwise exempt from the state's disclosure act. Maryland's disclosure form asks about zoning violations and unpermitted improvements. Our state seller disclosure guides cover the rest.
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4
Price it honestly
If the fixes are cheap and quick, clearing them before you list usually widens your buyer pool. If they're expensive, a buyer who takes on the violations will price that work into the offer, and you can compare that number against the cost of fixing them yourself.
Sources: Baltimore City Building Code § 114 (violations; responsibility of transferee) · Baltimore City DHCD: Buying a Rehabbed Home in Baltimore City · Code of Virginia § 55.1-706 · Maryland Residential Property Disclosure and Disclaimer Statement
This page explains general rules with Virginia and Baltimore examples. It isn't legal advice. Rules vary by city and county, so check with your local code office and a real estate attorney.
Cash offer vs listing
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
We'll show you the cash offer, violations and all, next to what listing could net after you clear them, so you know what fixing them is worth.
Frequently asked questions
Do violations go away when I sell?
Not by themselves. In Baltimore, the buyer becomes primarily liable for notices on the violation report and must abate them, and a buyer at foreclosure takes title subject to outstanding notices. Check your own city or county's rules.
What is a Vacant Building Notice in Baltimore?
It's a violation notice placed on a property that is vacant, abandoned and uninhabitable. The city says the owner can be fined $1,000 for not removing it by rehabilitating the property and getting a use and occupancy permit. Sellers must disclose it in the contract, and a buyer can walk away if the property has one.
Do I have to disclose violations in Virginia if my sale is otherwise exempt?
Yes. Virginia's requirement to disclose pending building code enforcement or zoning violations you've been notified of in writing applies notwithstanding the Act's exemptions.
Who are you?
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.