East Northport, NY asked in Contracts, Land Use & Zoning and Real Estate Law for New York

Q: "town and village codes"

Need advice. I sold my home to a cash buyer. we both signed contract and everything was moving along. In the contract it stated the house was to be sold "as is, and no reduction in purchase price or claim of any kind for any change in such condition," etc...Basically the buyer knew I didnt want to make any repairs to the home and he was ok with that and signed. Well today i recieved an email from my attorney which was sent to her from the village, stating that the deck on the rear of my home "isnt up to village code, and was built without a permit."PRIOR to when I even bought the home!! Question is, am I now legally required to pay to make repairs to the deck and bring it up to town code even though buyer signed contract "as is?" Can the buyer walk away from the deal if I dont want to fix the deck? I just dont feel like its fair because just 3 years ago when I bought the home none of these "violations" involving the deck were ever brought to my attention when I bought the home! Help!

1 Lawyer Answer
Sharon M. Siegel
Sharon M. Siegel
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on what your contract says. If it is the form, you need to legalize the deck or cancel the contract. This is a common suburban issue. I am not sure why your attorney cannot deal with it.

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