COs/Permits and buying a home in Oyster Bay (Freedom: real estate, lawyer)
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I’m in the process of purchasing a home within the town of Oyster Bay, and have some questions I was hoping to get some clarity on. I know there’s a deck that’s not legal, and will work with the seller to legalize it. I’ve read the stories about the town visiting, looking for violations, or coming to inspect one thing and finding issue with another. I would like to make sure anything that was done to the hike is legal, and save myself the headache of dealing with fixing issues or legalizing things once I move in. These are some questions I have:
1) How do I know if there was something done in the home, and if it required a permit, or is in fact legal? For example, the home has CAC, this is something that should be on the CO. But, if a non- load bearing wall was removed - how do I know it was there in the first place, and how would I know that it’s legal to not be there?
2) My lawyer said the title search and the survey will give me added comfort regarding what is and isn’t legal/permitted. Short of physically coming into the home and inspecting room by room, how are these reports useful? My ridiculous example is - if there’s an in ground pool in the basement and every house has one, a buyer assumes that’s normal. Then when I finish the rest of the basement and apply for an inspection, I get nailed for having an illegal pool in the basement that I never knew was an issue in the first place. This is the type of thing I’m looking for guidance on, how to avoid this, what reports cover this, etc.
Thanks for any help that can be offered. I understand there’s certain risks that you inherit in purchasing a home, I’m just trying to minimize my headache once we actually own the home. Ideally, the sellers would agree to the cost and time involved in legalizing any and all changes to the home that were done without proper approvals.
There is a legal description to the property as well as a survey that will provide Baseline information. The bank is interested in making sure the property has certificate of occupancy or certificates of completion. Public records will have open permits.
You also have your building inspector look for updated electricity an updated Plumbing.
Townships are very persnickety about getting the housing stock into compliance. Agencies such as FEMA are putting pressure on townships to meet Federal standards.
It would not be uncommon for the seller to be hit with items out of spec and out of compliance in terms of permitting. This is the sellers problem not your problem. The seller would have to go and get an expeditor And Trades to permit the house properly.
As a buyer I would not accept a lot of the issues in a Long Island house that other people would find acceptable. The lack of updates or improperly done updates is what I would focus in on. Those kind of issues can be addressed in the price. Houses physically depreciate and the bulk Long Island Real Estate is not only physically depreciated but it's physically worth nothing. I don't think Levitt envisioned that his
$7000 house would have a hundred year lifespan. It's a total scam that a structure of such poor quality and such poor location would be remortgaged in 30 year blocks 2 and 3 times over.
The party that brings money to the table is in the drivers seat.PERIOD The desperation buyers have, which seems to be pervasive on Li, is a Jedi mind trick there are multiple service sectors that want you to be desperate so they can take Vig from every kind of Direction. Real estate agents lawyers title companies surveyors Banks and municipalities are going to milk you like the golden cow you are. The truth of the matter is that the party with money holds all the cards and you should walk away from deal after deal after deal until you find something that provides you with value. This is very very very hard to do on Long Island
If you want to look into the records and see what the house has permits and COs for you have 2 options. Actually you have 3..
You can go to the Clerks office and file a Freedom of Information form to review the file. Wait til the call you back and you get access to the file (takes time but I don't know how long)
OR
You can Bring a Letter signed and notarized by the current homeowner giving you permission to review the records to the Records Room in the 2nd floor of Town hall.
Either of these options will then give you access to the file. The records room will give you the building department file on the property. In there will be any permits they have filed for, any COs that have been issued and MAYBE plans of the original house and you can then see if there are discrepancies with what exists currently.
Or you can go to contract and wait for a title search.
Personally I prefer to snoop myself. See the records before $$ changes hands or any contracts are entered into.
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