Q: I am looking for case law on disputes between homeowners and building departments in NY
My attic has sheet rock but is unheated. my town building department is calling it a "violation" because it has no "egress window" we are at the zero hour of closing the sale of the house and are being held up by this violation. I have been told unheated space cannot be called living space. Also, I asked for a report on anything outstanding on my property in JUNE so we would avoid this situation. also the attic was in its current condition before I bought the house. Now my sale is in jeapordy and I'm not selling because I want to - I really have to sell my house to survive financially. I want to know if I have a case to argue and resolve this so I can close this sale. I hope you can help!
A: Unheated space cannot be living space. The issue is the fault of your lawyer when you bought the house, your broker who listed it now as a "living space", and your lawyer who allowed this issue to fester until closing. While it is sometimes reasonable to overlook these issues at a closing knowingly, if you bought it thinking it was a legal space, you were misadvised. There are only two resolutions. Tell the buyer to take "as is" or no deal, or hire an architect to bring heat up to the space and legalize it. The cost of bringing heat to the attic will depend on your system, but is likely not that expensive. The issue is your Certificate of Occupancy varies from your listing. This one is on you, not the buyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
