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Does the contract say anything about who should get the CO?
Marc, if you were the realtor representing the buyer, wouldn't you expect to see something in either the listing and/or the contract specifying that the buyer is responsible for the CO, if that's what was going to be expected? Of course everything might ultimately be negotiable, but as a buyer/lawyer representing a buyer, I'd not be happy to suddenly be asked to get a CO (which might entail spending $$ and time on a property I don't own, at least not yet) if I hadn't been told of that expectation in advance.
Yes, definitely. If the seller is truly intent on doing absolutely nothing, that should be stated in the listing and in the seller's disclosure. If I am working with a relatively green home buyer, I will usually advise him or her to stay away from an "as-is" home, because "as-is" usually means trouble, regardless of the ostensibly low price. A contractor or professional flipper on the other hand? Who cares how bad it is? The only thing that matters is the price. The expertise and goals of my buyer determine what degree of protection I will offer.
At this point, you should have the town out and see what they say. If they insist on a boiler, you can renegotiate your price with the buyer so that he pays for his new boiler, which he was going to do anyway.
I had a similar situation when I purchased my first house. The sidewalk was cracked/uneven, but I was planning on replacing the sidewalk and adding a driveway when I brought the house. When the township came out to do the CO inspection, they said something to the seller about the sidewalks, and they told him I was going to replace them. So he issued a CO anyway. I guess since I had the CO, I could have not bothered with the sidewalks at the point, but I looked at it as a liability issue and I wanted off street parking for my car.
When I went to sell the house 6 years later, I sold it "As-Is", but I was still required to add a oven range vent hood to get the CO, which i did.
Exactly. How does a buyer even know what the "as is" condition is if they don't get an inspection?
In my case, this was a guy who flipped houses on a regular basis, so he knew what he was looking for himself when he went through the place with the RE agent. I would've assumed most "as is" buyers are contractors or otherwise in the business of fixing up homes, but maybe I shouldn't assume!
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