Certificate of occupancy pennsylvania

[Mela40]

Closed on a property in PA 2 days before covid shutdown. On closing paperwork, seller took responsibility for obtaining certificate of occupancy. Repairs began towards violations for the certificate, but were stalled because of shutdown. Since the state has reopened, seller is slow to make repairs. Is the closing contract still valid?

 

[Zigner]

Closed on a property in PA 2 days before covid shutdown. On closing paperwork, seller took responsibility for obtaining certificate of occupancy. Repairs began towards violations for the certificate, but were stalled because of shutdown. Since the state has reopened, seller is slow to make repairs. Is the closing contract still valid?

I don't see why it wouldn't be.

 

[quincy]

Pennsylvania Certificate of Occupancy:

https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/034/chapter403/s403.65.html&d=

Is there some reason why you think the closing contract is not still valid?

 

[adjusterjack]

On closing paperwork, seller took responsibility for obtaining certificate of occupancy.

Incredibly bad idea relying on the seller to do that after the sale. Should have gotten a big enough reduction in price, then did the repairs yourself to make sure they got done right.

seller is slow to make repairs.

What do you mean by "slow"?

Has he done any?
None?
Something in between?
Just not fast enough for you?

Is the closing contract still valid?

Of course it is.

 

[quincy]

... Of course it is.

I wouldn’t say “Of course it is” without knowing what the closing contract says. There can be time periods set for both satisfying the conditions for the certificate of occupancy and for closing.

And it sounds as if the sale has not closed yet.

 

[Zigner]

And it sounds as if the sale has not closed yet.

Why is that?

Closed on a property in PA 2 days before covid shutdown.

 

[Mela40]

Incredibly bad idea relying on the seller to do that after the sale. Should have gotten a big enough reduction in price, then did the repairs yourself to make sure they got done right.



What do you mean by "slow"?

Has he done any?
None?
Something in between?
Just not fast enough for you?



Of course it is.

The work was started, concrete dug up, balcony taken apart, and then workers couldn't return. We were given temporary certificate of occupancy, and we just want work done and certificate granted.

 

[quincy]

Why is that?

I was reading the last sentence (“Is the closing contract still valid?”) as meaning the closing could not occur (was not finalized) until the certificate of occupancy was issued.

The work was started, concrete dug up, balcony taken apart, and then workers couldn't return. We were given temporary certificate of occupancy, and we just want work done and certificate granted.

Mela40, did the building code official set a time within which the temporary certificate of occupancy was valid? Was there anything in the closing documents that set a time limit?

 

[Zigner]

The work was started, concrete dug up, balcony taken apart, and then workers couldn't return. We were given temporary certificate of occupancy, and we just want work done and certificate granted.

A possibility may be for you to pay to have the work completed and then seek compensation from the seller. Review your contract to see if this is a viable alternative. You may wish to speak to an attorney.

Having said that: What does the seller say when you ask when the work will be done? Construction workers are often deemed "essential", which allows them to work even through the Covid-19 crisis.

 

[quincy]

Have you actually closed on the property or does the closing depend on the certificate of occupancy?

 

[Mela40]

I wouldn’t say “Of course it is” without knowing what the closing contract says. There can be time periods set for both satisfying the conditions for the certificate of occupancy and for closing.

And it sounds as if the sale has not closed yet.

The sale closed in March, and we have been living there under a temporary c/o. The contractor who started the job stopped working during the shutdown. There is no time period outlined in our closing documents, but " seller is responsible for obtaining c/o" is written. With repairs in motion, and unprecedented circumstances, we decided to close on time. We have been patient, as seller is our neighbor, but it's now October and still waiting on repairs

 

[Mela40]

I was reading the last sentence (“Is the closing contract still valid?”) as meaning the closing could not occur (was not finalized) until the certificate of occupancy was issued.

Mela40, did the building code official set a time within which the temporary certificate of occupancy was valid? Was there anything in the closing documents that set a time limit?

No, it's a small town, small town relationships. The seller has communicated with the code inspector, and we have not received any notices regarding a time limit. Still, an unsightly partial repair sitting at my front porch!

 

[Mela40]

A possibility may be for you to pay to have the work completed and then seek compensation from the seller. Review your contract to see if this is a viable alternative. You may wish to speak to an attorney.

Having said that: What does the seller say when you ask when the work will be done? Construction workers are often deemed "essential", which allows them to work even through the Covid-19 crisis.

We called the company during shutdown to make sure, and they were not working. I think an attorney is the best route!

 

[Mela40]

Incredibly bad idea relying on the seller to do that after the sale. Should have gotten a big enough reduction in price, then did the repairs yourself to make sure they got done right.



What do you mean by "slow"?

Has he done any?
None?
Something in between?
Just not fast enough for you?



Of course it is.

Repairs were started, company was shut down, and not a matter of preference, but the repairs are necessary for a c/o ( right now we have a temporary one)

 

[quincy]

Thank you for answering my questions and addressing our posts.

Are the repairs necessary for habitability? Or are the remaining repairs exterior additions only (like porches or stairs)?

You can sue the seller. You can hire a contractor to finish what was not completed and seek reimbursement of these costs in court.

You might want to have an attorney send to the previous homeowner a letter demanding completion of all work by X date, followed by a lawsuit if the time limit given is not met.

Good luck.