Certificate of occupancy Westchester (for sale, real estate, insurance)

[efreid]

I recently put my house up for sale (bought in 05) due to a job move, and as per the new law I applied for a C of O. the inspector mentioned that no permit was issued or the finished basement (done in 1980) by the previous owner. Also that the house that was advertised, and listed on all the signing paperwork (mortgage, title, appraisal, insurance etc) all have it listed as a 3 BR but one of the rooms is Jack and Jill and the inspector said it can not be advertised as such because it did not have its own entrance . Both these severely reduce the price we can get and we do not have the extra funds to do a tear out & rebuild of the basement (we do have the option of getting a plumber and electrician to inspect and certify it as up to code) , and the bedroom really cannot get a separate door (and we cannot get a home EQ loan).

Can we fight the C Of O finding as the this law was not in effect at the time of our purchase we are only the second owners?

Do I have any recourse against the former owner for false advertising and non disclosure of the permit issue?

Thanks,

[havoc315]

Though you may want to consult a real estate attorney - and do it quickly because the statute of limitations is running --- you are probably out of luck. Buyer beware is the first rule of law for purchasing a home.