It is perfectly "legal" yes. But, It is highly UNCOMMON for a seller to want you to get the COO for a property.
New Brunswick tough on its CO's. You will need a building inspection as well as a fire dept smoke cert. This could run into some $ for you to pay in order for the property to be in compliance.
Unless, of course you are buying a short sale or bank owned property, then you usually be responsible for the CO.
Otherwise, the seller is 99.999% of the time responsible for getting the CO prior to close.
Yes it is possible and legal. Usually, if the house is listed with an agency, this stipulation is disclosed in the listing ( IE: buyer to obtain CCO/ fire certification and make repairs necessary to obtain necessary certificates) . Even if it is not listed with an agency, the seller can require you to do the fixes and obtain the CCO.
Many towns give temporary CO's as well. This is common pratice in many cases, especially in New Brunswick, and a short sale transaction.
If the house is listed, and/or you are using an agent, check with them to verify the municipalities procedure and if they issue a temporary CO. If you are purchasing this on your own, then do your due diligence and contact the township directly to see if they issue a temporary CCO (since you may not want to do the fixes until you actually close on and own the property) and speak to an attorney in both scenarios.
If you do need to obtain it, I would schedule the appointment as quickly as possible as the price increases the closer to the closing date.
This question would be best directed at your attorney and/or realtor. I would ask
(1) did the listing agreement proclaim "as is" therefore, you are resonsible for any and all "fixes"
(2) did the listing state that the buyer must obtain the COO?
Traditionally, serious issues with a home are negotiated and a seller obtains a COO, but if it is specifically stated in the listing and hopefully, your agent advised you fo same, yes this is legal . .. . but it is all about disclozure at the outset or you have an out via your attorney.
Francesca Patrizio, Broker Sales Associate,, ePro, SRES
732.606.2931 (Direct/Cell 24/7)
If you are paying in cash then you can get the CofOs after closing.
Many of my real estate sales require the buyer to obtain the CO. I agree with Laura - you should have an attorney review your contract
It is not uncommon is this market for a buyer order and pay for the CO. In
some cases when I have the buyer side of the transaction and the seller requested the buyer to handle the CO, the buyers attorney will put a dollar cap on the CO For instance if cost to obtain a CO exceeds a certain dollar amount the buyer will have option not have to continue with the purchase.
It would also be a good idea to make sure all renovations or additions were done with permits and the permits were closed out prior to going any further
There may not be any issues, but better safe than sorry
Good Luck with you purchase
I don't believe that you can obtain a Certificate of Occupancy if you do not own the home. The seller would have to do this before closing.
I suggest that you inquire with a real estate attorney on how to proceed as they can advise you best.
Prudential Connecticut Realty