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~Colleen~
my loves...
Member since 5/05 9129 total posts
Name:
guess
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CO's
Whose responsibility is it to ensure that all CO's are in place before the sale/purchase of a house?
I believe it is the seller, is that right?
What are the issues if there aren't CO's for a fireplace, or garage extension (turning a 1 car into a 2 car that now puts the building less than 10 feet from the neighbor's property line)?
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Posted 3/14/06 3:08 PM  |
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: CO's
It is the seller's problem. However, you could negotiate a lower selling price to accomodate the lack of CO's, in which case, you'd have to go out and get the architect, permits, etc. But remember that you cannot close until all the CO's are in order.
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| Posted 3/14/06 3:11 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: CO's
Posted by BrunetteMom
It is the seller's problem. However, you could negotiate a lower selling price to accomodate the lack of CO's, in which case, you'd have to go out and get the architect, permits, etc. But remember that you cannot close until all the CO's are in order.
Exactly. Better to have the seller take care of it NOW, IMHO. It is a PIA to secure the CO's and there might be a reason why the CO's are not there. Meaning that they might have added something that was not legal to add, or that will fall apart. Trust me, you want the CO's done by the sellers before you close. Even if the house is in "as is condition", the seller has to secure the CO's. Your atty has to fight them on this. IMHO. Good Luck. 
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| Posted 3/14/06 3:17 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: CO's
Posted by Colleen9304
What are the issues if there aren't CO's for a fireplace, or garage extension (turning a 1 car into a 2 car that now puts the building less than 10 feet from the neighbor's property line)?
Have your lawyer check to see if these things were legal to do to this house. Esp the buliding that is less than 10 feet from the neighbor's.
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| Posted 3/14/06 3:19 PM |
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BrunetteMom
LIF Adult
Member since 8/05 1480 total posts
Name:
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Re: CO's
Posted by dandr10199
Posted by BrunetteMom
It is the seller's problem. However, you could negotiate a lower selling price to accomodate the lack of CO's, in which case, you'd have to go out and get the architect, permits, etc. But remember that you cannot close until all the CO's are in order.
Exactly. Better to have the seller take care of it NOW, IMHO. It is a PIA to secure the CO's and there might be a reason why the CO's are not there. Meaning that they might have added something that was not legal to add, or that will fall apart. Trust me, you want the CO's done by the sellers before you close. Even if the house is in "as is condition", the seller has to secure the CO's. Your atty has to fight them on this. IMHO. Good Luck.
You are NOT kidding!
This is probably why they are trying to pull the "as is" so late in the game because you guys must have picked up on the CO's and there aren't any. ugh. Good luck!! My gf had a similar thing happen with a house in Farmingdale a few years ago. They ended up backing out of the deal because of it. I hope this all works out in your favor!
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| Posted 3/14/06 3:20 PM |
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~Colleen~
my loves...
Member since 5/05 9129 total posts
Name:
guess
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Re: CO's
Thanks!
Posted by dandr10199
Your atty has to fight them on this. IMHO. Good Luck.
Oh, she is...I just wanted to educate myself. The work was done in the late 50's, very early 60's...so it's possible that she didn't even need a CO for the fireplace and we think she had the 2nd car added before the house was finished (it's not on the original survey and no one recalls her ever having work done on her garage - which of course is not to say that their memory isn't fuzzy  )
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| Posted 3/14/06 3:21 PM |
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~Colleen~
my loves...
Member since 5/05 9129 total posts
Name:
guess
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Re: CO's
Yeah, the realtor was pretty confidant that the CO's were in order...but I called the town and they only have the original CO filed - and there is no mention of a fireplace.
Eeek, I don't want to back out  I hope the executor doesn't turn out to be an azz 
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| Posted 3/14/06 3:22 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: CO's
Posted by BrunetteMom
Posted by dandr10199
Posted by BrunetteMom
It is the seller's problem. However, you could negotiate a lower selling price to accommodate the lack of CO's, in which case, you'd have to go out and get the architect, permits, etc. But remember that you cannot close until all the CO's are in order.
Exactly. Better to have the seller take care of it NOW, IMHO. It is a PIA to secure the CO's and there might be a reason why the CO's are not there. Meaning that they might have added something that was not legal to add, or that will fall apart. Trust me, you want the CO's done by the sellers before you close. Even if the house is in "as is condition", the seller has to secure the CO's. Your atty has to fight them on this. IMHO. Good Luck.
You are NOT kidding!
This is probably why they are trying to pull the "as is" so late in the game because you guys must have picked up on the CO's and there aren't any. ugh. Good luck!! My gf had a similar thing happen with a house in Farmingdale a few years ago. They ended up backing out of the deal because of it. I hope this all works out in your favor!
We almost backed out of our house because of a different but similar situation as well. I had a shark for a lawyer (thank God) and she did not put up with any of the sellers cr@p. They got the CO's for a extension they put on and they had to add a toliet upstairs because the toliet was in the middle of the bedroom (long story...the previous buyer broke into the house before closing and ripped out the toliet because he wanted to get started on house repairs before closing. Needless to say, the previous buyer's mortgage did not go through). Anyway, they had to replace that toilet and have a new one put on. Me being the PIA that I am requested another inspection to be done after the toilet was put on and the CO's were obtained. The sellers were pi$$ed, but too bad.
Get on your lawyers case about this. This could be more than you bargained for.
Message edited 3/14/2006 3:27:55 PM.
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| Posted 3/14/06 3:27 PM |
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~Colleen~
my loves...
Member since 5/05 9129 total posts
Name:
guess
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Re: CO's
Posted by dandr10199
Me being the PIA that I am requested another inspection to be done after the toilet was put on and the CO's were obtained. The sellers were pi$$ed, but too bad.
Get on your lawyers case about this. This could be more than you bargained for.
Who paid for the additional inspection?
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| Posted 3/14/06 3:29 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: CO's
Posted by Colleen9304
Posted by dandr10199
Me being the PIA that I am requested another inspection to be done after the toilet was put on and the CO's were obtained. The sellers were pi$$ed, but too bad.
Get on your lawyers case about this. This could be more than you bargained for.
Who paid for the additional inspection?
We did. It was worth it. This is a huge investment and I did not want to take any chances. I work in the title industry and have seen WAY too much stuff happen for me not to have a second inspection after the $hit they (sellers) tried to pull. I went into my closing confident that we had made a great decision and that our house was structurally sound. Our whole experience was crazy but my lawyer and I were relentless about the details. 
You can FM me if you have any other questions, I would be happy to share with you what happened to us. The toilet in the bedroom was the tip of the iceberg because we bought a fixer upper. Thankfully the sellers were desperate. They is a lot you can to when the sellers are desperate.
Message edited 3/14/2006 3:37:14 PM.
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| Posted 3/14/06 3:36 PM |
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schnapy
LIF Adolescent
Member since 9/05 766 total posts
Name:
Diana
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Re: CO's
This happened to us, the sellers had to get an expeditor to get all the cos in place for the closing.
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| Posted 3/14/06 3:39 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name:
L
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Re: CO's
In some towns you need 18 inches between your home and the property lines, if there is only 10 inches that may be the problem. Ask your attorney to check if there is a town ordinance about that. If there is, the town may ask you to take down the structure. That could significantly effect the purchase price of the home. This is something that you need your attorney to act on right away. Do not move on this home until the COs are in place.
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| Posted 3/14/06 3:55 PM |
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~Colleen~
my loves...
Member since 5/05 9129 total posts
Name:
guess
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Re: CO's
I just spoke with the Town. They require 5 feet on one side and 8 feet on the other - doesn't matter which side - so we're safe.
Basically the executor has to apply for the CO's (apparently even though the 1 car garage and breezeway were on the survey, they weren't on the CO!) - which will take 3-4 weeks to get the permit then call for the inspection.
In the meantime, who orders up the new survey? I would think the executor??
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| Posted 3/14/06 4:05 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: CO's
Posted by Colleen9304
I just spoke with the Town. They require 5 feet on one side and 8 feet on the other - doesn't matter which side - so we're safe.
Basically the executor has to apply for the CO's (apparently even though the 1 car garage and breezeway were on the survey, they weren't on the CO!) - which will take 3-4 weeks to get the permit then call for the inspection.
In the meantime, who orders up the new survey? I would think the executor??
The title company or the executor. In this case it think it would be the executor and the seller should pay for it.
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| Posted 3/14/06 4:10 PM |
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KangaMom
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Member since 1/06 4593 total posts
Name:
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Re: CO's
We had to make sure all was ok with CO's before we sold our 1st house.
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| Posted 3/14/06 4:45 PM |
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csorisi
My 2 LOVES
Member since 11/05 1984 total posts
Name:
Corinne
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Re: CO's
Posted by dandr10199
Posted by Colleen9304
I just spoke with the Town. They require 5 feet on one side and 8 feet on the other - doesn't matter which side - so we're safe.
Basically the executor has to apply for the CO's (apparently even though the 1 car garage and breezeway were on the survey, they weren't on the CO!) - which will take 3-4 weeks to get the permit then call for the inspection.
In the meantime, who orders up the new survey? I would think the executor??
The title company or the executor. In this case it think it would be the executor and the seller should pay for it.
The seller should pay for it in this situation but you might have to depending how hard your attorney fights for it or whether the seller is willing to budge. The survey is needed for your bank to give you the mortgage and so that you know you are buying what the contract says you are buying. A survey may cost you about $500.
Message edited 3/14/2006 9:09:01 PM.
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| Posted 3/14/06 9:08 PM |
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