The intention of code compliance is to make the property safe for the new buyer while at the same time limiting the sellers liability in case of injury or death after close of escrow. In addition, retrofitting is intended to comply with state mandated low flow water requirements to save water on plumbing fixtures in the state of California.
But what about a complete tear-down? For example a home that has busted out walls, mold throughout, missing toilets and the like – is retrofitting still required? Technically yes if agreed to on the RPA.
A waiver may be justified waiving any requirements not economically or functionally feasible. Waiver verbiage waiving low flow water requirements is here. A simple addenda signed by all parties noting what is and what is not compliant, and what each party is responsible for, may be utilized. Best to check with your office broker on your company’s policy – some companies do not allow for any type of waiver whatsoever due to their insurance policy. The City of LA does not allow for waivers in the code for any reason either, so any type of waiver may place either party in legal jeopardy. Act wisely when considering any waiver, and make sure all parties agree to it in writing in escrow.
If you have any questions, feel free to call us at 310-800-4418.
