Eastchester Legal sq. footage question -- Urgent! (sale, broker)

[elviento]

I am trying to close the purchase of a house in Eastchester, but I just found out a portion of the footage advertised is NOT considered legal space (even though it's finished and a bathroom was added).

I can think of 3 ways it could hurt me:

1. The authorities (tax assessor?) may find out and impose more property taxes. Could there also be back taxes as a result?

2. The authorities (Bldg dept?) may find out and force me to tear up the carpeting/heating and bathroom, which means work and $$$, and less livable space.

3. This is less painful -- nobody finds out, but when I resell the house several years later, I cannot in good conscience sell it with the exaggerated footage, which was what I thought I was buying.

I am pissed off, and need some input from the experts here. Specifically, which of the 3 scenarios is most likely to happen? How do the building dept and the tax dept normally check on these things (i.e., physical inspection once a year? every time the house is sold? or whenever the person in charge feels like it? or based on owner's own description?)?

What can I recover from the agent/seller? Fraud? Assuming the illegal portion is 1/5 of the legal portion, what kind of price adjustment should I ask for ($30K? $10K? or $3K?)?

Many thanks!!!

[westchester]

if you want i can look at it quickly for you ..............

[rubygreta]

Originally Posted by elviento

I am trying to close the purchase of a house in Eastchester, but I just found out a portion of the footage advertised is NOT considered legal space (even though it's finished and a bathroom was added).

I can think of 3 ways it could hurt me:

1. The authorities (tax assessor?) may find out and impose more property taxes. Could there also be back taxes as a result?

2. The authorities (Bldg dept?) may find out and force me to tear up the carpeting/heating and bathroom, which means work and $$$, and less livable space.

3. This is less painful -- nobody finds out, but when I resell the house several years later, I cannot in good conscience sell it with the exaggerated footage, which was what I thought I was buying.

I am pissed off, and need some input from the experts here. Specifically, which of the 3 scenarios is most likely to happen? How do the building dept and the tax dept normally check on these things (i.e., physical inspection once a year? every time the house is sold? or whenever the person in charge feels like it? or based on owner's own description?)?

What can I recover from the agent/seller? Fraud? Assuming the illegal portion is 1/5 of the legal portion, what kind of price adjustment should I ask for ($30K? $10K? or $3K?)?

Many thanks!!!

Couple of questions:

1) How did you find out?

2) You will need a variance from the zoning board if the total living area exceeds the maximum allowed in your zoning district. You can go the building department and look at a zoning map. So if you are in an R-5 zone, ask someone there (or call them from your cellphone) what the maximum living area is in an R-5 zone.

The building department and assessor's office do not make random inspections of property. If you add additional space (like finishing a 3rd floor attic) without a permit, and no neighbors call the building department, nobody will know about it.

[NYtoVT]

This is the sellers problem WHICH will become YOUR problem upon closing. I spent nearly 30 years in the title industry in Chestwester and I guarantee that this will become a problem in the future.

[Kevrltr]

Most likely the scenario will be #3. Most of the towns in Westchester do not inspect on sale or any other time, unless there is a report or a problem. #1 Could happen, taxes could go up a little, and some kind of permit penalty, but I have never heard of back taxes. #2 could happen depending on whether or not the area is built to the building codes, but extremely unlikely as the towns do not usually inspect single family residences.

Talk to your attorney. It may be possible to get the extra area legalized by having the permits filed and architectural drawings done.

It is not unusual to have part of the home not on the building department or assessor's card. Especially if it is a finished basement. The listing agent should have brought this out, or if you had a Buyer Broker she should have done the research too.

It is really hard to quantify what the value is. It depends on where the space is and how it affects the rest of the house.

All the best!

Kevin O'Shea

[Viralmd]

Ask to see the NEW certificate of occupancy done AFTER the renovations. If they don't have one DO NOT purchase this house! Never, EVER fall SO in love with a property that you can't walk away from the deal.

[Kevrltr]

Hi Viral,
Sounds like the contract is already signed.

All the best!

Kevin

[josmyth]

I don't remember the exact details, but, we could not close until the seller agreed to get a C of O for the illegal space. All expenses to bring the house up to code were on him. It was a very stressful time for us as this came out shortly before the closing. Your taxes may go up next year if the value of your home increases. You will not be charged back taxes. Good luck to you. Shame on the seller.

[LisaZ]

What they did was totally illegal. I can't believe this was not flushed along the way via title search or other. I have lived in various towns in Westchester and most of the time, the illegal sq. footage is not found. But at some point along the way, it may be found out. Then you will likely be reassessed for taxes and probably jump through a few hoops with the town to get the proper permits/Cert. of occupany.
I am not sure of your legal rights but your attorney should have all these answers and if he/she doesn't, you need to find a new attorney.