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We signed our contract April 6th. Before that the seller agent told us they have co's for everything. We put in our contract we require co's for everything. Anyway after signing it came out there's no co's for anything because of a fire back in the day at the town. House was built in the 1950's. There is a sun room addition onto the house which is the biggest problem right now. Town of Brookhaven is refusing to issue a co for the house until the sun room is permitted and inspected.
The seller hired an expeditor but as of today (end of June) she just had someone go to the house to draw up plans and submit for the permit.
Our contract expires July 1st. We also just found out the sellers have 60 days after the contract runs out to fix any c.o. issues. Which brings us to Sept 1st.
If the sunroom needs a variance to get the permits we think this will definitely go past Sept 1st.
We've been ready to move for the last 2 months. We want the house. We're totally frustrated and nobody is telling us anything. I found all this out when I happened to run into the guy drawing up the plans for the house to submit for permits. I feel our lawyers have been totally useless through this.
My questions are:
1. Does anyone know if it's true the sellers have 60 days after the contract expires?
2. Do expeditors get paid in advance or after accomplishing the task?
3. What's the likelihood Brookhaven will issue a permit for a shoddy sunroom post facto?
4. How long does a variance take?
5. What should we do if sellers run out of time and we still want the house?
We signed our contract April 6th. Before that the seller agent told us they have co's for everything. We put in our contract we require co's for everything. Anyway after signing it came out there's no co's for anything because of a fire back in the day at the town. House was built in the 1950's. There is a sun room addition onto the house which is the biggest problem right now. Town of Brookhaven is refusing to issue a co for the house until the sun room is permitted and inspected.
The seller hired an expeditor but as of today (end of June) she just had someone go to the house to draw up plans and submit for the permit.
Our contract expires July 1st. We also just found out the sellers have 60 days after the contract runs out to fix any c.o. issues. Which brings us to Sept 1st.
If the sunroom needs a variance to get the permits we think this will definitely go past Sept 1st.
We've been ready to move for the last 2 months. We want the house. We're totally frustrated and nobody is telling us anything. I found all this out when I happened to run into the guy drawing up the plans for the house to submit for permits. I feel our lawyers have been totally useless through this.
My questions are:
1. Does anyone know if it's true the sellers have 60 days after the contract expires?
2. Do expeditors get paid in advance or after accomplishing the task?
3. What's the likelihood Brookhaven will issue a permit for a shoddy sunroom post facto?
4. How long does a variance take?
5. What should we do if sellers run out of time and we still want the house?
The expeditor usually gets paid in full up front.
If the sunroom is not up to current building code AND has deficiencies, they won't issue a permit until corrections have been made. There is also the possibility that they could be made to remove it.
Variance: BZA (Board of Zoning Appeals) meets every 2 weeks. To get on the schedule, they will have to notify their neighbors (within a prescribed number of feet of the property) of their intent to legalize the structure. If a neighbor shows up and complains, there's a chance the item could be held over for another meeting. BZA for things which are cut and dry tends to go smoothly. From my own recent experience: We had a client's BZA application in mid-late May for a June 17 hearing. We now have permits in hand.
I believe there isn't any historic district in Patchogue, so HDAC will not be a hurdle.
We went through a similar situation. It ended up that they got the CO about 2 days before they were in breach of contract. And a lot of that was me going to the Town Hall every day and begging them to expedite it. If you are in contract, you can sue the sellers for breach once it goes past I think 60 days (it might be 90 I forget). We almost had to do that, although my lawyer said that process fully protects the seller as they can at any point say "OK you can buy our house now" and you have to choose between a months long suing process or just buying the house at that point. But technically if they signed the contract, they have to stick to it or get sued. But the seller really is in control of the timeline if you don't want to walk away from the sale.
The best thing you can do is tell the sellers you won't be buying once the contract expires and have your lawyer impress upon them that they are just going to go through the same problems with the next buyer until the CO is sorted out. That might speed things up. You could get the CO within 2 months easy if they have an expidetor that knows what he is doing (many don't). Sounds like you may need a new lawyer though.
We went through a similar situation. It ended up that they got the CO about 2 days before they were in breach of contract. And a lot of that was me going to the Town Hall every day and begging them to expedite it. If you are in contract, you can sue the sellers for breach once it goes past I think 60 days (it might be 90 I forget). We almost had to do that, although my lawyer said that process fully protects the seller as they can at any point say "OK you can buy our house now" and you have to choose between a months long suing process or just buying the house at that point. But technically if they signed the contract, they have to stick to it or get sued. But the seller really is in control of the timeline if you don't want to walk away from the sale.
The best thing you can do is tell the sellers you won't be buying once the contract expires and have your lawyer impress upon them that they are just going to go through the same problems with the next buyer until the CO is sorted out. That might speed things up. You could get the CO within 2 months easy if they have an expidetor that knows what he is doing (many don't). Sounds like you may need a new lawyer though.
Huntington. I got to know the people in the office and they sympathized with me and helped expedite it at the last minute. I mean there was NOTHING they could do until the last part of the CO was submitted by the seller, but it finally was 2 days before and they cleared it a day later. I was always pleasant and super nice to them and I think that helped in the end.
Ok thank you all. I think the expeditor the sellers hired was angling to get the sunroom grandfathered in but the town didn't go for it. So they've already been working on this issue for over 2 months. I think the expeditor isn't the best either just based on the fact that it has taken them this long to apply for a permit for the sunroom. But it could all be a delay due the the town as well.
If I wanted to check on the progress myself would calling Brookhaven town be of any use? I would think they don't share information for other people's permits even though we're in contact.
Huntington. I got to know the people in the office and they sympathized with me and helped expedite it at the last minute. I mean there was NOTHING they could do until the last part of the CO was submitted by the seller, but it finally was 2 days before and they cleared it a day later. I was always pleasant and super nice to them and I think that helped in the end.
That's the benefit of working with a town smaller than Brookhaven.
Ok thank you all. I think the expeditor the sellers hired was angling to get the sunroom grandfathered in but the town didn't go for it. So they've already been working on this issue for over 2 months. I think the expeditor isn't the best either just based on the fact that it has taken them this long to apply for a permit for the sunroom. But it could all be a delay due the the town as well.
If I wanted to check on the progress myself would calling Brookhaven town be of any use? I would think they don't share information for other people's permits even though we're in contact.
Nina
If the sun room required any sort of variance (setback from lot line) Google the address along with the words Board of Zoning Appeals. You'll find the hearing schedule or decisions either of which will give you some idea as to how the situation is progressing.
Otherwise you could try calling the building department and ask if there are any open permits on the property.
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