Home Buying in 07604>Question Details

Monika, Home Buyer in Lodi, CA

what is the meaning of statement "buyer responsible for city requirements"?

Asked by Monika, Lodi, CA Tue May 6, 2008

I saw a house in HAsbrouck heights in listing and it says in explanation that buyer is responsible for the city requirements............. can somebody tell me what does that mean and what can be possible requirements by city from a buyer................

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Typically a seller is responsible to apply and pay for, and obtain any municipal certifications required to transfer (sell) property. This usually includes a Certificate of Occupancy ( or a C of O) and a fire inspection for smoke/carbon monoxide detectors and fire extinguishers. If the municipality finds that repairs are needed to obtain the C of O. or the proper fire equipments is missing/ not in the right places, it's then the sellers responsibility to arrange and payf or them to be performed.

Sometimes a seller is not willing or able to pay for these inspections and this usually occurs in a, "as is" sale which can include short sales, sometimes with estates, and sometimes just because the sellers don't want to do any repairs.

Talk with your agent and/or attorney as to the pit falls of the buyer being responsible for obtaining these certificates.
0 votes Thank Flag Link Sat Aug 18, 2012
Hi Monika,

There is a requirement to get a C.C.O. (Certificate of Continued Occupancy) for every home before the transaction closes. This simply means that an inspector from the town in which the property is located comes in to make sure the smoke and carbon detectors are properly placed and operable, and that a fire extinguisher is mounted within 6 feet of the cooking appliance. In some towns they require an inspection of the fireplace as well. Each town has its own criteria and fee for the C.C.O.

The seller, in most cases, has the responsibility of getting the C.C.O. and paying the town a fee for this inspection.

However, when a home is a "short sale," the responsibility of getting the C.C.O. and paying the fee falls on the Buyer. Usually in short sale transactions, the Buyer is also expected to close outstanding permits if there are any.

If you need any additional information, Monika, please feel free to call me at 201-233-5278. I'll be pleased to help with your real estate questions and needs.

Professionally yours,

Broker Associate
Vikki Healey Properties
201-233-5278 (CELL)
201-881-7906 (OFFICE)
0 votes Thank Flag Link Fri Aug 17, 2012
Dear Monika,
What this usually means is that there are some inspections, like the Certificate of Occupancy, for example, that have not been done by the seller. Usually that is beacuase of the condition of the house and the buyer needs to be responsible for those papers. These are usually necessary for a closing, so the buyer may need to pay the fees, that vary from town to town.
Good Luck.
Sharon Kozinn
Web Reference: http://www.sharonkozinn.com
0 votes Thank Flag Link Tue May 6, 2008
This is often a red flag that indicates some improvements to the home might not have been done with proper permits. It is also often seen in illegal multi-families where there are too many units, finished basements that are illegally occupied, or units without proper fire escapes and/or egress.

It's often a way of passing off responsibility to you, so be careful. The seller should be responsible for everything having been properly permitted, so make sure your contract has language by your attorney to that effect. And look for improvements that are fairly recent and MAKE SURE there were building permits and inspections for anything the owner has done. Especially finished basements, decks, new kitchens, baths, etc.

Good luck!

Marc Paolella
Relocation Director
Member, Worldwide ERC
Licensed Realtor NJ
Licensed Appraiser NJ & NY
Century 21 Joe Tekula Realtors
Phone (direct): (973) 584-4235
Phone (office): (973) 584-7580
Fax (973) 584-5092
e-mail: marc2000@verizon.net
text: 914-588-3787
Web Reference: http://www.marcpaolella.com
0 votes Thank Flag Link Tue May 6, 2008
Is the house a knock down? IF not it's likely a foreclosure.

Most towns in bergen cty require a certificate of occupancy. Contact the town to see what is required in that town. I think their phone number is: 201-288-0195.

It's usually pretty easy.
0 votes Thank Flag Link Tue May 6, 2008
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