we are in ny state. a certificate of occupancy was revoked on a foreclosed home we purchased.

Bob
Both Buyer and Seller
Buffalo, NY

the home was granted a CO 4 years ago, then, the town revoked the CO 3 years later, as they said the builder never completed a perk and deep test when putting in the septic. can the town revoke a CO 3 years later- they issued it knowing all this in the first place?!

Answers (2)
Joanna Lane
Agent
Southold, NY

I find it very difficult to believe that any building inspector gave a CO on a promise that something was going to be done later. By that logic, all new buildings could get their COs before construction even begins.

Sun Jul 20 2008, 23:10
Don Tepper
Agent
Fairfax, VA
FIRST ANSWER

Get a lawyer who knows Zoning issues in the town...and one who's politically connected.

I suspect the town can revoke a certificate of occupancy. The first one may have been granted after the builder said that the perk and deep test were conducted, or there may be other issues at play. But towns revoke certificates of occupancy all the time. Usually it's because something has happened in the interim. In this case, if those items were required of the builder and were never done, the town probably is justified in its action. However, you need to get a lawyer to clarify matters for you and, if appropriate, fight the decision.

Sun Jul 20 2008, 17:40

Didn’t find what you were looking for? Ask a question!

Search Advice
Foreclosure Center
Find the latest articles and answers on foreclosure properties! More »

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback