Hello, you have to go by the certificate of occupancy to know what the home really is. Sometimes if a seller registers their basement or upstairs with the department of buildings and the seller has to pay a two family property taxes instead of a one family, even though legally it is a two family on the Co of O.

We have many cases like yours, next time you should have your real estate agent or attorney go to http://www.nyc.gov and go into the section of the Department of Buildings and check the certificate of occupancy before you sign a contract.

Once again I agree with Richard. Heres my opinion as an attorney (general legal advice, not specific to this situation.) Whether or not this is a one or two family is a material term of the contract. If its really a one family, and you wanted a two family, chances are you'll be able to get your deposit back, unless the seller wants to buy a lawsuit for misrepresentation. There should be no reason he/she would be paying for a two family when it was really a one family. If the c/o says one family, its a one family. You can also use this as leverage against the seller. Have the seller take care of all carrying costs and expenses to converting this to a two family The problem with that, just so you know, is that the City moves at the pace of a sleepy snail. If you're looking to get into this place rather soon, don't bet on renting out the rest of the house. If you have time, then try and negotiate a price reduction as well because this is taking you so long (market is not going up anytime soon). I know a contract was signed but I've been at closings where a buyer DEMANDS a price reduction at the closing these days...and gets it. The bank may also not give you a mortgage if you've stated its a two family and now its a one. The jist is there are a ton of options and variables here. A long meeting your attorney is in order. Good luck!

A good route is to find out if the zoning allows for two family, since the taxes have been paid as if it were I would think it is likely that the area allows it. Then find out if the home meets the criteria and that any renovations were done legally. Then you can apply to get the Certificate of Occupancy changed. Any expenses in doing so should be borne by the seller. If the timing of this is not good, then you could close and require an escrow to cover 1. the costs of ther changes 2. the value difference you negotiate with the sellers. (Better to clear it up before you close) I think this was most likely an honest mistake since they were paying taxes correctly.
If the contract does not state it is a 2 family home you have a little less leverage, but if you have that it is 2 family in writing, you could have a lawsuit for specific performance. Your lawyer is your best source of advice, the real question is do you want it that bad?
If it is worth less as a single family, then the seller will sell for less or have to bear the expenses of changing it anyway.

You can cancel the deal and get your deposit back other than that there is nothing else you can do.

Evangeline Byars
Corley Realty Group
Real Estate Sales Person

When I take a listing to put on the market, regardless of what the owner tells me it is, or what I see, I get the information from the Municipality. Unfortunately, in some municipalites, the Building Department and the Assessor's office, have conflicting information. I would assume and hope that neither the seller's agent nor the owner was aware of this at the time. Only your attorney can advise you of your legal rights. However, maybe the house would be more valuable if used as a one family. Just because it is set up as a two family, does not necessarily mean that it is being taxed at a "higher rate" Your assessed value is based on the improvements. If the "permitted use" can remain as a two family dwelling, regardless of the C of O, you may be in a better position when you go to sell. Why don't you have your agent run you a list of single family dwellings in the area with comparabe SF and baths. A two family is not necessarily worth more than a one family. In fact, according to the WCBR, if a two family is more marketable as a one family, the agent, in an effort to maximize the seller's return, is allowed to list it in the single family section of our MLS with a note in the remarks of the listing. Maybe it's more valuable as a single family and you could end up ahead of the game. If not, you should find out what the proceedure and expense would be to optain a C of O as a two family. I understand your feeling deceived but again, I hope that this was not something deliberate and it can work out for you. As a Realtor, I would hope that my colleges conduct themselves in a honest and professional manner. One bad apple can..................

Please ask your attorney what your legal options are; Realtors are not allowed to provide legal advice.

If the agent handling the sale is a Realtor, you may want to contact his/her local Board where you can file a complaint.