Open permits and Certificate of Occupancy

Try Steve Belsito Sons Inc  
Address: 395 5th Ave, Brooklyn, NY 11215

gowanusgus

in General Discussion 7 years and 4 months ago

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besugi | 7 years and 4 months ago

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We are under contract to sell our brownstone – closing is mid- January. The title search revealed we have two open permits and no C of O. I had no idea it was never filed. Five years ago, we converted a two family into a One family. The expediter was paid to do all the filings. However, the design/build firm must have dropped the ball (they are no longer in business.) According to the expediter, the plumbing and sprinkler systems were never signed off on. She says I need an architect/contractor to do this. Are there architects out there willing to sign off on someone else’s work ? If so, does anyone have any recommendations. Help! We can’t close without a CofO!

resident2 | 7 years and 4 months ago

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Your Broker should have checked this before putting the house up for sale and your Attorney should have checked this before sending out the contract to make sure that what the stated use & occupancy is in the contract is actually correct and that it can be delivered that way.. The C of O and open permits are easy enough for “professionals” to check.
They have both put you in a highly compromised position.
Sorry; but if the buyer/buyers bank is balking at this and you need to deliver the house with a C of O and no open permits…. you are not closing any time soon.
Ask your expediter if they have anyone that can get this done. It is going to be very difficult to get a plumber to sign off someone else’s work. Contact the plumber directly that pulled the original plumbing permit and see if you can work out a deal with them, it is going to cost some money. The design/build firm probably did not pay them, so be prepared to pay money over and over again…..
You will probably be lucky if the buyers back out of the deal, because this is going to take some time.
Or… this is a long shot, depends on how sophisticated your buyers are or how much they want the house etc. If you have no C of O as a two, see if you can get a letter of no objection from the DOB as the two family that you claim it was, there is no problem with using the house as a one family if it is a legal two, and see if the DOB will cancel out the permits without an inspection, this also depends on which Bank the buyers are using; if the mortgage can close… they will want an escrow, you will need to compensate the buyers for taking on this mess…….. as I said it may be best that your buyers walk, but they do not have to if you have a contract stating that you are selling a one family etc… you have to deliver it!
This is an example to other potential sellers; use a Broker that specializes in Houses in the area that the house is in and use an attorney that specializes in selling Houses.

randolph | 7 years and 4 months ago

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“the plumbing and sprinkler systems were never signed off on”

nightmare. you are probably going to have to open walls to pass any inspection.

neweco | 7 years and 4 months ago

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Nightmare for sure. Your job was probably never signed off. You need to hire a contractor and plumber. They will need to supersede the current permits.