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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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We are selling our property. We bought it as a -2 family

Customer Question

we are selling our property. We bought it as a B-2 family dwelling - according to the DOB and have paid taxes on it as a 2 family. Built in 1906, there appears to be no CoO or record of it being converted to a 2 family dwelling. Nevertheless, taxes suggest otherwise and there was at one point 2 gas meters. Our sale is being held up because the buyer wants to see a C of O for 2 family and may pull out if it is only registered as a 1 family. I don't understand what to do? Who is in the right and can they pull out when as I understood, houses in Brooklyn built before 1939 don't have C of Os...
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: new york
JA: Has any paperwork been filed?
Customer: paperwork for what? we are in contract we have paid for an expeditor to go to the DOB and get a Letter of no Objection
JA: Anything else you want the lawyer to know before I connect you?
Customer: but I want your view on whether or not this is grounds for a buyer to pull out all houses in park slope brooklyn are in the same position
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 8 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 8 months ago.

Buildings built before 1938 aren’t required to have a Certificate of Occupancy – unless later alterations changed its use, egress or occupancy. If you require proof of a building’s legal use – and it’s exempt from the CO requirement – contact the Department’s borough office where the property is located to request a Letter of No Objection. We can continue to discuss if you want to do so, but I think you have what you need.

Expert:  Damien Bosco replied 8 months ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.

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