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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7308
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I live in new windsor, ny 12553. my father finished building

Customer Question

i live in new windsor, ny 12553. my father finished building a garage in 1990 on a permit that was issued in 1977. no c.o. was issued at that time. the building has been on the tax role since it's completion. is there a provision to grandfather the c.o.?
JA: Have you talked to a lawyer yet?
Customer: nope, this box popped up before i could type anything in the question box
JA: Anything else you think the lawyer should know?
Customer: i'm trying to sell the house and apparently this will keep me from legally selling it.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: that would be new windsor, NY 12553
Submitted: 11 months ago.
Category: Legal
Expert:  Irwin Law replied 11 months ago.

Hello I will try to assist with your question. What information and/or notices, if any, have you received from local authorities (or anyone)telling you that lack of a c.o, might affect the sale of your property?

Customer: replied 11 months ago.
No notices from the town or any government, just something from the buyers attorney stating that there are violations. When I went to the building department they showed me a printout that stated there was an open permit from 1977 and a bay window installed without a permit. the window replaced a picture window and was done in 1991 I believe. An as-is sale wouldn't need a c.o. if the buyer is willing to accept that responsibility, correct?
Expert:  Irwin Law replied 11 months ago.

If the buyer or the title company is not requiring that the permit issues be remedied as a condition of closing, then you need not bother with it. You can point out that the purchase agreement calls for the sale to be in "as is" condition. You don't want to call the attention of the County to some 30 to 40-year-old permit violations respect to a garage. It is better to let the sleeping dog lie.

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Expert:  Irwin Law replied 11 months ago.

Hello again. Do you have a follow-up question? I hope that this answers your question. If not, please feel free to send me a reply for further information. Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

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