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Would the sellers tear down the deck for us? Probably, if we asked. We already told them that we're paying for the railing (they were willing to do it, but we knew there was no railing when we agreed to buy the house -- we just didn't know it would hold up the closing) so, while it might sadden them to see their old deck go, we'd probably bear the cost and they are selling to us, after all. We think we got a good deal on the house so if it costs us a few hundred or even a thousand to have it torn down that might be the cost of doing business.
That said, I assume that other "safety" concerns come into play when you knock it down. The back door leads onto the deck, which is about 4 to 5 feet off the ground. So removing the deck would mean the door opens to a four-foot drop, unless we also had stairs constructed. I assume the bank would also frown upon having a door that opens to a four foot fall. Would a set of stairs need a C/O too?
We're getting some conflicting messages from the bank. Do you think it's possible they might let it skate or is that never done?
One issue perhaps is that we are going through an independent mortgage broker who is very helpful but is relaying things second hand. Earlier this week, the broker said "Uh oh, the bank noticed on the occupancy report that the deck doesn't have a CO. I've directed the bank attorney to call your attorney." I then talked to my lawyer's secretary (she's the real lawyer as he doesn't actually do anything). She told me the bank lawyer called her and said not to worry about it, that the bank won't hold up the closing over this. I breathed a sigh of relief.
Later in the day, the mortgage broker writes me and says "just because the bank's lawyer said something to your lawyer, that doesn't mean anything. The bank is still 'examining' the title report and will let us know what they think later. So I'm waiting for them to "examine" the title report and issue their dictates. Is it possible they might let us close anyway as their own lawyer said they would? And why would their lawyer say that if it weren't true?
Right now you don't even know if the deck was built to the specifications needed for approval. Just finding out how deep the footings are can be a major task and one that can prevent a CO from being issued. The seller is the one to blame, not anybody else who is only looking out for their, and your, interests.
Right now you don't even know if the deck was built to the specifications needed for approval. Just finding out how deep the footings are can be a major task and one that can prevent a CO from being issued. The seller is the one to blame, not anybody else who is only looking out for their, and your, interests.
Exactly. This is a whole can of worms that has been discussed as nauseum on the boards. If the bank requires a CO get the sellers to perfect it and have your attorney advise that in all likelihood any buyer will have this issue.
I got COs for all my stuff within 2 weeks because I was motivated to sell and willing to act like a lunatic to make the closing happen. You need to know your sellers motivation and timeline for moving. Remember they probably want to sell as much as you want to buy. Someone needs to remind them of that.
Decks are a huge flag. Should've been asked about at the outset. But on e you close that'd neck is YOUR headache whether it collapses or you have other work do e on the house requiring the inspector to visit it's all on you once you sign.
Essentially, you have two choices, have them remove the deck at their cost (house not being sold as portrayed) in sales docs. Wait, for the sellers to put an escrow account up and close and then you get the work done and it is paid out of the escrow.
I would also take issue with the title search company as that should have been picked up by them.
You may not get anywhere with the sellers but I would have my lawyer give it a run.
Good luck. By the way, the guy at the bank is doing his job as unless you are buying cash. The bank owns a house that does not meet the codes which require railings at a certain height off the ground. Your real anger should be with the title company who should have picked up the deck not being permitted/coc'd at the start.
I bought my house with a deck with no CO. It didn't halt closing at all. I just had to have in writing that I was taking on the responsibility of having to deal with it. I can always go through getting the permit if need be.
I walk away from any house that has no CO or if the owner is not intending to get proper CO. This is why I'm still searching for a house since 2011.
That can't be the ONLY reason.
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