Home Buying in Wading River>Question Details

Frustrated In…, Home Buyer in Wading River, NY

Who is responsible for providing a certificate of occupancy when buying/selling a home in Wading River, NY?

Asked by Frustrated In Wading River, Wading River, NY Thu Apr 14, 2011

I'm in contract for an older home and I am being told that the room that I was told was an unfinished sunroom is really a den (because there is a bathroom in the room) and it now has to be finished in order to obtain a mortgage. The seller is saying that they will not finish it. So where is the Certificate of Occupancy for this room? Help.

Help the community by answering this question:


In my personal experience with similar issues, the homeowner is usually responsible for obtaining the CO's, unless negotiated otherwise. Issues like these are discussed with your Attorney at the signing of the contract. There have been times where the buyer and seller meet 1/2 way to make the transaction run smoothly. The bank needs the CO in order to write the mortgage.
0 votes Thank Flag Link Wed Feb 4, 2015
We bought our home 4 years ago and want to add on a garage, went to Brookhaven Town to get a building permit, they approved the plans, but on further examination it seems the CO we have does not match the survey, the house was added onto in the 70's and apparently the CO on file does not refelect any of the modifications. I spoke to my attorney at the time and was met w/ silence and deflection that he waas surprised the bank did not catch this, isn't my attorney's responsibility to make sure the CO at closing was correct? Who is repsonsible, how do I fix this??
Beyond annoyed in Rocky Point, NY
0 votes Thank Flag Link Thu Jan 30, 2014
Your attorney made you pay for a title report, which would have included among other things, a survey, permits and a certificate of occupancy for the original construction, along with permits and a certificate of occupancy for any additional additions, improvements or structures. You can sue your attorney's E&O Policy for not raising the matter prior to closing. That will cover the cost of a certified engineer to prepare and submit "as of" plans for the illegal addition(s). You will also have to get a new survey done. One that utilizes the survey on file with the Town, and a new survey reflecting the non-compliant additions. Ultimately, your attorney is responsible - this is exactly the reason that you pay for their professional (licensed) legal services. If he does not pay - file a grievance with the Department Disciplinary Committee. The guy who prepared the plans for the garage should be able to handle this new work.
Flag Thu Jan 30, 2014
The Seller is responsible unless otherwise negotiated. Maybe you should go back to the Homeowner, and ask them to finish the work...
0 votes Thank Flag Link Tue Nov 13, 2012
" A Mexican standoff" Now that's funny.
0 votes Thank Flag Link Mon Nov 12, 2012
Dump $3,500 into the escrow account and close. If the seller does not complete the bathroom to code by closing - you keep the $3,500, inisht he bathroom for 1k and pocket the other $2,500.

Ahh,,, solutions.
0 votes Thank Flag Link Mon Nov 12, 2012
When the contract of sale was sent from the sellers attorney to your attorney the CO's should have been reviewed with you by your attorney during the signing of the contracts. Now that you are further into the process a resolution will have to be found. The bank will need the CO in order to write your mortgage. If the seller does not obtain the CO he can not sell to you with a mortgage contingency.
The seller will run into the same issue with any purchaser coming in with a mortgage contingency.
Cool minds will be able to resolve the impass.
0 votes Thank Flag Link Fri Apr 15, 2011
What's left to be said other than...smoke'em if ya got'em....

This is a classic example of a mexican standoff...where nobody wins. You clearly have an attorney for the seller that is unable to explain to his/her client that they are responsible for getting this done - because you're getting a mortgage. Dumb seller attorney will talk about "as is" or stupid stuff like this, but in your contract i'm sure it says that the seller must deliver a home that is mortgageable.

Talk with your attorney - that's it. No one on here can help you.

In a perfect world, yes, c/o's are the responsibility of the seller, but we don't live in that world.

What you might consider is working out a DEAL. If you want to get this done - offer to offset some of the expenses of the seller. split it with them. what the heck.
Web Reference: http://www.tommcgiveron.com
0 votes Thank Flag Link Thu Apr 14, 2011
The seller is responsible but like Anna said it depends on what was negotiated. Speak to your attorney to see what your options are. If there is an open permit you may have no other option than getting CO. Best advice...call your attorney to advise. Good Luck!
0 votes Thank Flag Link Thu Apr 14, 2011
You can't finish a room on a house you don't own yet. What the seller is not realizing is that they are going to have this problem no matter who the buyer is...they own the problem; they need to solve the problem.

The house needs to come with a C of O when you purchase it in order to gain clear title.

Your attorney can have a discussion with their attorney or your Realtor with their Realtor. Somebody involved with this deal needs to take control of the situation.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Thu Apr 14, 2011
Unless negotiated otherwise, the seller is responsible--since you state that you are in contract, do consult with your attorney, he/she can best advise...
0 votes Thank Flag Link Thu Apr 14, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer