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August 15, 2007
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.
Comments
If they're DOB violation, go to the DOB website and print out a Violation Dismissal Form. I think there's a $300 fee. An inspector will contact you and perform an inspection. If the violations have been cleared, they'll be removed.
All that stuff you mention such as plans, photos, etc., doesn't make any difference. The DOB just wants to see that everything was corrected properly.
Posted by: guest at August 15, 2007 11:45 PM
I sure hope you escrowed enough money to cover the cost of clearing the violations. I sure hope the problems have been corrected properly.
If not, it could get expensive.
Posted by: guest at August 16, 2007 12:21 AM
Wait i am really confused, you escrowed your money?? Why would you do that? I had a similar situation when i closed on my house and it was the seller's money that was put in escrow not mine. It was also the seller's responsiblity to clear up title not mine. Am I missing something here? What is your attorney saying?
Posted by: guest at August 16, 2007 10:13 AM
Not sure what the escrow confusion is. Standard practice is to escrow proceeds (i.e., money going from buyer (or buyer's lender) to seller. If seller doesn't clear the violations, escrow comes back to buyer. Sounds from OP's post that that's what happened here. OP is just, justifiably, unhappy because escrow proved to be inusfficient icnentive to take care of things and now OP has a hassle.
Follow 11;45's advice. If you are not sure, consult with a local architect or expediter, shwo them the list, maybe walk through the house so that you can get advice as to whether there is anything on the list which won't pass inspection now. You don't need a fancy design-type architect, just someone who deals well and frequently with the nitty gritty at DOB.
Posted by: slopefarm at August 16, 2007 11:19 AM
Thank you both for your comments. Yes, slopefarm, you're right - that's exactly what happened.
I too am hoping that the escrow will cover the hassle of clearing this. I will try the dismissal form. Thanks again.
Any recommendations on architects/expeditors who fit your description? Thanks.
Posted by: pogo at August 16, 2007 1:15 PM
I take no responsibility for this suggestion, or what may come of it, but you may want to try this:
Get up really early one morning and go to the office of Scott Schnall on Atlantic, near Clinton. I mean early, like before 7 am (7:20, the absolute latest, but that's pushing it). Show him your printout, tell him your problem, and ask him if he thinks you can do this yourself with DOB and what he would charge if he did it. Tell him everything within about 12 seconds because he is very impatient. He runs a manic, high volume DOB practice, and isn't dependant upon your business, so the incentives for him to sucker you in aren't too strong. If he tells you you need his services, you can always get a second opinion, but if he tells you you can do it yourself, you've just had yourself a free consultation from a guy to deals with DOB constantly. And you haven't wasted a day. And you may decide he is exactly what you need. He won't do more than he has to, so you won't get overbilled for unnecessary stuff -- that's just not how he makes his money. And his comments about what DOB will or won't do are trustworthy. Try it, you've got nothing to lose but some sleep. And drink some coffee first, before you leave home, because you really do need to talk fast once you get there.
A lot of local architects use his expediting services, but he is an architect, so you get a bit more guidance and perspective (at least in the 10 seconds he gives you) than you would from an expediter. As you can imagine, flippers and developers use him too.
Again, be forewarned, but it may be worth a try.
Posted by: slopefarm at August 16, 2007 1:56 PM
You don't need an expiditor. All you need is to file a Violation Dismissal Form with the DOB and have an inspection.
If the inspector finds problems, you need to have them fixed.
You seem very confused.
Posted by: guest at August 16, 2007 2:31 PM
quest - Of course I'm confused. If I knew how to deal with this - I would not have posted here.
I got your first response regarding the dismissal form - and I believe I stated I would try it. I am certainly open to all suggestions, though.
I am even more confused as to why you felt that last post was necessary.
Posted by: pogo at August 16, 2007 3:51 PM
Re: above; All "guests" ain't the same.
Posted by: guest at August 16, 2007 6:47 PM
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