Wow - we've never seen this in a condo - usually home owners are trying to pass a 2nd bath or bdrm in the lower level off as legal in a single family home! Does that enclosed room have windows? Are they legal size for ingress & egress? Is the room 7 x 10 or larger as it has to be according to NY State code? Are you working with the listing agent? I hope not. I would say you would have to re-negotiate - you don't want to pay for a 3bdrm if it's only 2bdrm - your attorney should be involved in this! Good luck and feel free to call or emaill if you just want to vent! Noreen & Wayne

Hi, yes it is unfair but unfortunately not everybody plays by the rules. Misrepresentation has been the cause of many lawsuits and can be easily avoided if proper representations are made! If the unit is a "Condo" style town house, in other words run by a board of managares ascondos are, then I usually go by the offering plan for the complex. If it's a "Single Family" style Townhouse then the town is the way to go. I hope this works out for you!

Chris

Thank you Chris and Noreen & Wayne for getting back to me! This is very helpful, the problem is that I'm actually buying a townhouse which was listed as a 3 bedroom, we had it appraised as a 3 bedroom - yet the certificate of occupancy states that it as a 2 bedroom unit with a loft (not a 3 bedroom). The loft had been converted to a bedroom between 1994 and 2001 (as it was listed almost 10 years ago as a 3 bedroom but not prior to 1994) - it is a closed in room with a door and a closet. By all means it is a bedroom.

As a buyer - where do I stand? I feel as though the agent has purjered themselves and the seller as well. I love this place and I was going to be closing within a week or so - now I'm trying to figure out where I will live while this is all worked out. As you stated below we shouldn't work around the rules - isn't it unfair for them to ask us to do so?

Thanks!

We agree with Christopher. It never pays to work 'around' the rules! If you ask the Building dept for help = they will bend over backwards!!! If you are buying a house and working with a Realtor, they should be able to get these answers for you! Go here for more info: http://www.townofossining.com/depts/building.htm If you want to discuss this further, feel free to email or call us.
Noreen & Wayne
Associate Brokers
Better Homes & Gardens Rand Realty
NorWay@NoreenandWayne.com, 914-406-5291

Hi, I would recommend calling the town of Ossining. The problem you will run into is what is reflected on the property card. If you currently have a 3 bedroom home and the property card reflects that, then add a bedroom, it has to meet the code and be approved for the extra bedroom. Otherwise if you go to sell you won't be able to technically call it a 4 bedroom. Also if a septic system is in place approval is needed because they will want to make sure the tank is big enough to accomodate.

Sincerely,

Christopher Pagli
Associate Broker
Legends Realty Group
914.406.9023