clearing violations
Not sure if this is the correct Topic category, but: my spouse and I just purchased a home where there were about 4, 15-20 year-old violations; 2 for an extension and 2 for illegal use of a a residential basement as a doctor’s office. The seller, a doctor, hired an architect and had the C/O changed so that the basement is now listed as professional office space. He also conducted work with licensed plumbers and used an architect to legalize the extension. Apparently, the plumbing work in the extension is completed and passed inspection, and since he legally changed the C/O to S-1 mixed use so that he could practice inthe basement, it seems that the violations should be cleared.
At the closing, because they continued to appear, the attorneys agreed and the parties agreed that we would escrow money until the Seller filed Certificates of Correction with the DOB and show that the violations have been removed or, at least, no longer come up as “open”.
Well, the time period for this to take place has elapsed; Seller is not responsive and clearly does not care about getting the money that we have in escrow and is leaving it to us to clear the violations.
I have cleared with my attorney that we can now keep the money we escrowed, but now how do I go about filing certificates of correction on old violations when I don’t have access to (and seller will not provide us with) the plans, permits, photos, names and licenses of those who performed the work, etc.
I’d liek to have those violations cleared, but we also want to move forward and re-do the basement as a normal basement living space for a 1-family home and change the C/o back to 1 family residential.
What should my next step be?
Thanks.
