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By fix, I mean remove the kitchen or restore it to its original state - since he thinks its illegal.
The permit is a permission to construct the kitchen and a bathroom. Just for clarification, when you say the inspectors "signed off" do you mean before or after the job was done?
Meaning after indicating that whatever part of the construction they were inspecting passed.
Give them a copy of the permit. That should be enough. You do not have to bring these up to current codes. It should be obvious that these were installed years ago and were what they expected when they made their offer on the house so there is no need for crediting them for any unknown issues relating to these items. Jay
Most municipalities only keep records going back so far. Some only like 7 years, at least in detail, so finding anything from 1976 is going to be pretty hard, much less 1938. I guess it depends on how badly you need this buyer, but sounds like BS to me and they're trying to beat you down/get new stuff worth more than they are paying.
That's what I was thinking, too -- let's say the house has been under contract for a minimum of 30 days, and a "final walkthrough" indicates closing is within a day or two. Why is this alleged illegality just coming up now? Was it the buyer's insurance company or lender that prompted this or has the buyer gotten cold feet and wants an out?
A certificate of occupancy is issued AFTER the successful completion of construction, at final inspection.
The stamped permit simply means someone took out a permit to BEGIN construction.
From the information given, it sounds like the project was never signed off as actually completed.
Building permits typically have a time-frame for completion, after which they expire.
When building codes change, or are upgraded during a project, contractors are then (typically) required to meet the new, more stringent standards, regardless of what was in effect at the time of the application.
If a contractor picks up an expired permit, & resumes work at a later date, they are also required to meet any new building codes.
The definitive answer to the OPs situation will be known when the local building & safety department is notified, & is asked for an updated clarification.
And I suspect that is something that neither the seller nor buyer wants to do.
As someone else mentioned, it sounds like the buyer is saying that something isn't up to code (which would be correct if the permit was closed way back when and no new work requiring a permit has been done since) but that doesn't make it illegal, or improper for you to sell, or impossible for the buyer to purchase. I'm unclear on why your attorney would tell you that buyer is right unless he/she is saying it's better to just credit the buyer and get the deal done. That is something only you can decide but I wouldn't think of it as something you must do. It is more of a tactical decision than a legal one. Of course, I'm not there and I'm only going by what you wrote and I read.....probably too quickly.
You need to talk to your town building inspector and/or a local real estate attorney. This is a local matter. Each town and state will have completely different regulations. No one on here will now what needs to be done for the sale to be completed.
A certificate of occupancy is issued AFTER the successful completion of construction, at final inspection.
The stamped permit simply means someone took out a permit to BEGIN construction.
From the information given, it sounds like the project was never signed off as actually completed.
Building permits typically have a time-frame for completion, after which they expire.
When building codes change, or are upgraded during a project, contractors are then (typically) required to meet the new, more stringent standards, regardless of what was in effect at the time of the application.
If a contractor picks up an expired permit, & resumes work at a later date, they are also required to meet any new building codes.
The definitive answer to the OPs situation will be known when the local building & safety department is notified, & is asked for an updated clarification.
And I suspect that is something that neither the seller nor buyer wants to do.
This is true and would definitely be applicable now. But 40 years ago, records were not kept like they are today. You'd first have to find out just what the procedures were back then and then see what you have available. I agree calling the municipality would be helpful, but could also be a complete dead end as it's probable that no records exist. That's when everyone will have to make a decision.
For the original CO. It's possible that the municipality didn't even have permits and inspections back then.
If I were the seller in this case and this only came up in the final walk through I'd be angry.
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