Legal Question in Real Estate Law in New York
Temporary C/O Terms
Buying a new house. Builder obtaining temporary C/O. Claims I must be ready to close within 10 days of C/O. My attorney away. Please advise if this is legal requirement. Thank you. P.S. Many problems with this builder for over 1 year. Has a great amount of my money. Must close on this house. Cannot go into litigation because of time factor. (Wife, myself & 2 children living in in-laws basement for 1 year. was to be for 2 months max.) Getting desperate.
2 Answers from Attorneys
Re: Temporary C/O Terms
Depends on language in the contract. If the language in the contract calls for closing with a c/o, the fact that he received a temporary does not allow him to close. There may be other language in the contract which I am unable to second guess.
Obviously you will not close without your attorney. Wait until he gets back and explain to him your concern.
Mike
Depends on building contract
The contract you signed with the builder states the terms regarding closing. If he can close with a temporary C of O (doubtful) then you have to.
There are notice provisions in the contract and he must abide by those also, just calling you never suffices.
Wait till your attorney gets back and if they are on a long vacation ask the office if someone is covering for him/her.
http://firms.findlaw.com/Bunji