Professional Malpractice Real Estate Broker didn't inform me of Certificate of Occupancy requirement

[myhouseisforsale]

Jurisdiction

New York

Hi everyone. I have a project for real estate improvement before I sell a home in upstate New York and I hired a broker to help me sell the apartment and to oversee what needs to be done prior to sale. He recommended some people to do the work and arranged with them to have it done. It included some minor repairs to plumbing, improvements to the basement, etc. I've been told recently that there is a problem with issuing a certificate of occupancy for the work performed and it would need to be fixed and it is costly, about $8,000 to fix. I told the broker that since he was overseeing the work, this is his responsibility. He's telling me that I signed the contract to hire the contractor (that he recommended and arranged) and that unfortunately it was my responsibility. Layers I reached out to want a lot of money just to talk and review documents that I think I could do if I only had an idea where to start. Can anyone give me a little guidance?

 

[army judge]

Can anyone give me a little guidance?

No one on this site is ALLOWED to do what you are UNWILLING to do, and that is HIRE an attorney to provide you with LEGAL ADVICE, COUNSEL, and GUIDANCE.

Don't forget what the person you HIRED to work on your behalf told you:

"He's telling me that I signed the contract to hire the contractor (that he recommended and arranged) and that unfortunately it was my responsibility."

However, I'll comment for FREE (you get what you purchase) on the matter. The person you HIRED is correct as cited hereinabove.

 

[adjusterjack]

Can anyone give me a little guidance?

Sure. Here it is. You effed up relying on a realtor to handle the refurbishing for you. You also effed up relying on people referred by the realtor.

Should have gone straight to an experienced, licensed contractor, who would know that a CO is required, had the refurbishing done and then listed the property with a realtor after the work was done.

I'll bet that if you read your listing contract with the realtor you'll find that the realtor is insulated from any legal action you could take trying to make him responsible for $8000 worth of work.

You may also find that the people referred by the realtor might not exactly be as professional as they should be.

My advice. Fire the realtor. That is, if you can do so without being on the hook for the commission. Read your contract to find out.

If the people that did the refurbishing messed up, then they would owe you what it costs to correct. Good luck with that.

 

[zddoodah]

I hired a broker . . . to oversee what needs to be done prior to sale. He recommended some people to do the work and arranged with them to have it done. It included some minor repairs to plumbing, improvements to the basement, etc. I've been told recently that there is a problem with issuing a certificate of occupancy for the work performed and it would need to be fixed and it is costly, about $8,000 to fix. I told the broker that since he was overseeing the work, this is his responsibility.

What do the relevant written contracts (between you and the broker and between you and the contractors who did the work) say about this? Do those written contracts make it the broker's responsibility to deal with this issue? Also, who told you that there is a problem?

Layers I reached out to want a lot of money just to talk and review documents that I think I could do if I only had an idea where to start.

$8,000 is small claims territory. Probably not worth hiring a lawyer.

[The broker is] telling me that I signed the contract to hire the contractor (that he recommended and arranged) and that unfortunately it was my responsibility. . . . Can anyone give me a little guidance?

There's not much anyone can tell you without reviewing the relevant contract. However, if one of the contractors you hired screwed up, then get on the phone with him and tell him you want the screw up to be remedied. The fact that the broker "recommended and arranged" the contractor does not, by itself, make the broker responsible for dealing with this.

 

[welkin]

Hi everyone. I have a project for real estate improvement before I sell a home in upstate New York and I hired a broker to help me sell the apartment and to oversee what needs to be done prior to sale. He recommended some people to do the work and arranged with them to have it done. It included some minor repairs to plumbing, improvements to the basement, etc. I've been told recently that there is a problem with issuing a certificate of occupancy for the work performed and it would need to be fixed and it is costly, about $8,000 to fix. I told the broker that since he was overseeing the work, this is his responsibility. He's telling me that I signed the contract to hire the contractor (that he recommended and arranged) and that unfortunately it was my responsibility. Layers I reached out to want a lot of money just to talk and review documents that I think I could do if I only had an idea where to start. Can anyone give me a little guidance?

There must be some significant facts missing from your post if all you had done is some minor repairs to plumbing, improvements to the basement.

Typically, a CO is not needed after repair on an existing structure that has already received a CO when built unless there is a change of use of the structure, or you have substantially changed or enlarged the structure. Repairs do not require a CO but may require a Certificate of Completion following a final inspection of the work.

Repairs to the plumbing should have been done by a licensed plumber and not a general contractor unless the general contractor subcontracted the work to a licensed plumber or is licensed themselves as a plumber. No CO would be necessary to refinish a basement unless you where perhaps adding an apartment.

What is the work required to fix the work done? Was the contractor you hired licensed to do the work they did?

So, fill in the blanks.