To Permit or Not to Permit

In one of my current transactions in which I represent the seller a front deck of the property needs to be replaced due to 28 years of moisture and dry rot damage.  Before listing the property I let the seller know that the deck would be an issue and it certainly is an issue.  The pest inspector found major damage underneath and determined it needed complete replacement.  Since the seller was receiving a full price cash offer and the listing price was on the high end of the market it was not too painful for the seller to agree to the deck replacement.  This deck is about eight feet wide and thirty feet long that wraps around the front of the house and leads to the front door.  When discussing the process of replacing the deck the seller immediately said that some neighbors not far away were building a similar deck without permits and she did not think a permit was required.  Well if the neighbor doesn't need a permit why should my seller, right? Wrong.  As I reviewed the situation with the city it was determined the property was located out of the city limits and I was told to talk to the county personnel.  The representative for the county told me it was under state control, so I called the state.  Does this sound familiar?  The state told me a permit was required and it could be obtained over the counter for $195.00.  In this case it is not about having to pay for the permit but protecting the seller in the future.  If something happened to someone on the deck after the sale the new owner would look for a permit.  If a permit was not found the new owner could potentially put blame on the seller for not having a permit when the deck was rebuilt.  In this case, although the deck can be replaced easily without the permit by a licensed contractor, the seller and myself will sleep better knowing that a simple $195.00 dollars will prevent any possible lawsuit.  The lesson learned in this case is don't follow your neighbor because it is easier, take the time and due it right and stay out of court.