Legal Question in Real Estate Law in New Jersey

Certificate of Occupancy Issues

We are trying to purchase a home ''as is'' under a conventional mortgage. Recently the city did a complete inspection, providing a list of what repairs needed done to issue the CO (mostly minor - painting, handrails, etc). We can't get the CO till the repairs are done, the mortgage won't go through without the CO, and the sellers do not want to do any work since it is an ''as is'' contract. We don't want to put $$ into the house before settlement in case it should fall through for some reason. What options do we have in this situation if we still want to purchase the home?


Asked on 2/15/01, 9:26 am

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Certificate of Occupancy Issues

Careful consideration needs to be given as to what needs to be done. If the cost of making the repairs is not significant, you may want to front those costs in order to make the deal become a reality. Protections can be given in the Agreement of Sale concerning what happens if the deal falls through. Most mortgage companies do not require cosmetic repairs to be completed as a condition of approval, although I have seen situations where mortgage approval has been given with conditions being put in the approval requiring repairs to be made before closing. If the only impediment to closing is on your side, and you believe you can meet all impediments, then you should probably not worry about paying to make the repairs. What I have given you is very incomplete because I am not satisfied that I have all of the facts and, in any case, a careful review of the entire situation would be necessary before a good opinion can be given. You cannot rely on advice given by an attorney who has not been retained. Accordingly, before you do anything, you should speak with an attorney and upon full review, a course of action can be chosen. If you want me to assist you, feel free to call me at 856-546-8010. Mention LawGuru and the first consultation is free. Good luck! Rob Gleaner

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Answered on 4/02/01, 1:42 pm
Peter R. Brogan Peter R. Brogan, Esq.

Re: Certificate of Occupancy Issues

If you need legal representation with regard to your purchase, I can resolve your "CO" problem. Please call to discuss.

Very Truly Yours,

Peter R. Brogan, Esq.

(908) 276-1100

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Answered on 3/30/01, 1:54 pm


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