NYS Licensed Home Inspector
NYS Certified Pesticide Technician
phrase, "...we have an accepted offer..." I was under the impression
that you had accepted an offer! My apologies for the
As the buyer, you must consider several things before going with the
assumption that, "The seller is responsible for the CO, permits....."
The sale of real property is an agreement to buy and sell. To the
extent that the cost to sell is too onerous, the seller may simply walk
away from the deal. While attorney's and agents may then advise the
buyer to sue, block future sales, etc. The fact remains that no one
really wants to go through the trouble and expenditures of a lawsuit,
especially in light of the fact that they are probably going to be
looking for another place to live. That being said my previous
opinion on whom to consult still stands with some minor changes:
1) Engineer/Expeditor - While the seller's CO may not include the
second floor, a subsequent amendment may have been filed. Verify that
the seller's CO is the most up to date one on file at the DOB. You
may even choose to research this on your own, on the NYC Dept. Of
Building's website. Look under the heading Building Information
Systems (Google DOB BIS). To the extent that the second floor is not
filed, consult with the engineer on the matter of cost. Is it just a
matter of a drawing? Or will there be physical remediation required
i.e. replacing the subject windows, etc.?
2) Attorney - Will advise you on your legal rights and recourse.
Knowing this gives you a baseline of how hard you can push this
3) Mortgage Specialist - To the extent that you still wish to buy the
property knowing that there are and/or may be deficiencies, you must
verify that the mortgage company/ Bank will still provide the mortgage and
even if they do, at the same interest rate. Properties that do not
have CO's may be required to obtain construction loans, which are
several percentage points higher and at shorter terms.
4) Realtor - The realtor will be able to present you case to the
seller. This is a stressful and unforeseen circumstance, which may
add time and money to the deal. Having a third party negotiate for
you may reduce the stress and personal feelings from this matter.
Ultimately, it may wind up saving the deal.
Kindly keep me apprised. I am very interested in how it works out.
Thank you and best of luck!
The engineer mentioned to us during the inspection that it the bedrooms on the 2nd floor/attic looked like they were added after the house was built and noted in his report to ask for c/o from the seller to verify.
What happens if it turns out that the c/o does not include the 2nd floor, meaning the changes were made without permits, etc.?? Are the sellers required to get the c/o updated? Can we get the c/o updated if we decide to go ahead and buy the house anyway? What are the repercussions if we buy the house but don't get the c/o updated?
Attorney - Advises the seller on his/her legal obligation under the contracts that may and/may not be in place. To the extent that the seller decides to move forward with the sale, the attorney can advise upon the costs that he/she is responsible for.
Licensed Engineer - Can advise the seller on the course of action, time, and expenses that may be incurred to correct this issue. This may not be a complicated and/or expensive issue to remedy. It may very well only cost the seller $2,500 to have the engineer provide a set of drawings reflecting the asbuilt conditions and requisite safety calculations.
Realtor - Can assist in negotiating the costs/delays and other issues that may arise. Buying and selling a home is often times a stressful and emotional life event. Particularly when delays and additional costs arise. Having a third party relay your position and/or hardships may serve to obviate confrontation and ultimately save the deal.
Thank you and good luck.
Exit Realty By The Park
Check the current IRC but here's the requirement: escape opening shall have a clear opening area of at least 5.7 square feet; at least 24 inches high; at least 20 inches wide; sill of opening not more than 44 inches above the finished floor. Opening height and width are clear opening measurement.
Hope this helps - good luck!