Nadel & Ciarlo, P.C.

Tips on purchasing a property with a violation

If you are considering buying a property in New York, there will be a great deal of research that you need to conduct on the property. A very common issue is the instance in which a buyer discovers that the home has an improvement made to it without the proper permit in place. This can be very problematic for a potential buyer.

A violation might exist in the form of a converted garage or an illegal pool and can lead to a fine or an order to amend the violation, which can be very costly. If you have already entered into the sale when you learn that there is a violation on the property, it is important that you understand the potential options that you have.

You can back out of the sale

Luckily for you, entering into a sale will mean that there are certain valid reasons why you can back out of these. In the contract that you signed, there would almost certainly have been terms that allow you to terminate the contract when a violation exists.

You can continue regardless of the issue

Depending on the severity of the violation and the complexity of remedying the situation, you may decide to continue with the sale regardless. You must make sure that you weigh up the risks in this situation, however.

You can ask the seller to remediate the violation

You do have the right to let the seller know about the violation and ask whether they will obtain the proper permits.

If you are worried about a violation on a building you intend to purchase, it is important that you take early action to understand the next steps.

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