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I recently built a new home that passed all structural

Customer Question
I recently built a...

I recently built a new home that passed all structural inspections, but failed the "as built" (home .98 feet taller than allowed, due to contractor changing specs) and I have to go in front of the zoning board for a variance. Can I legally move into the home seeing how all structural inspections have been completed and passed?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Rhode Island.

Lawyer's Assistant: Has any paperwork been filed?

The application for the variance has been filed and I have a date of January 2, 2018. The problem is I didn't know about the as built until last Tuesday and had already told landlord we would be moving out at end of November, now I have no where to live after tomorrow.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that should cover it. Thanks

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 23 minutes by:
11/29/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,173
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 4 months ago
ok
Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

I took a quick look and see no reason why you cannot live in the home that has past structural inspection. The issue is what happens if you do not get the variance. In some cases, if a house violates a code and needs a variance, the property owner can be forced to move or reconfigure a portion of the house to fix the violation. So, it would be more of an after the fact situation wherein if the variance is not permitted, you may be forced to leave the home.

If you have any further questions, just let me know. I am happy to assist you.

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Customer reply replied 4 months ago
This type of variance has never been denied in the past. The building inspection offered to give me a temporary CO but the zoning official wouldn't sign off on it.
Customer reply replied 4 months ago
What can I legal do to the contractor that caused me this issue, if anything
Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

If you don't have a Certificate of Occupancy, that could be an issue since you don't have one to live in the home. That could lead to a violation.

You could sue the contractor for breach of contract. You contracted to have the work done and the work was not done properl, causing you damages.

Do you have any further questions? I am happy to assist you.

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