Expert: Hans Weber, Licensed Broker Associate - 4/14/2010

Question
Hello:
  My mom wants to sell her house locate at bayside, NY. It is R2 zoning. The house has extension that build by original owner, When my mother bough the house, the lawyer did not mention that is illegal. The bank approve the mortgage and my mom paid the tax for the extension. However, recently she wants to sell her house, every buyer said that is illegal, because the extension did not list on the original blue print. Is that extension legal or illegal?

Answer
Hello Bing,

Thank you for your question.

This sounds like a problem.

Why do the buyers say it is illegal?  Just because it is not on the original blueprint does not mean it is illegal.  There may have been an addition made later.  Your first step should be to go to the local municipal building department and ask for the file on the property.  Compare it to the actual house.  Ask for all the permits and certificates of occupancy.  If it is different there may be a problem.

When your mom bought the house the lawyer and the title company and the bank appraiser should have reviewed the property file and title report to see that it was in order.  Start by finding the bank appraisal and compare it to the house.  Get the title insurance policy and call them about it.  Your mom should also have a survey of the property.  Is the addition on it?

Look at all these options.

Let me know what you find.

Hans