Legal Question in Real Estate Law in New York

Possible violation shortly after closing

We are purchasing a house in a town in New York Stae. During the septic system inspection, the inspector said that the well location is probably in violation. We have tried to get the Town Inspector to rule on this before closing as the contract states that the seller must hand the property over without violations, but neither we, nor our lawyer has been able to get the inspector to issue a decision. We are now in a position to go ahead with the closing or we risk being homeless as we have the closing on our present property coming up and do not wish to default on that. The seller is refusing to put money in escrow, or otherwise take any responsibility. Can we continue to persue this problem after closing, as we might very well be saddled with a violation at a later date if the inspector finally checks the place out.


Asked on 10/26/04, 3:12 pm

3 Answers from Attorneys
Leslie Francis Law Office of Leslie L. Francis

Re: Possible violation shortly after closing

I think you should resolve this issue prior to closing on the property. If the contract states that the seller must transfer the property without violations, your attorney must make the seller adhere to the contract terms.

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Answered on 10/27/04, 3:48 pm
David Slater David P. Slater, Esq.

Re: Possible violation shortly after closing

I wouldn't close since the repair may cost thousands.

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Answered on 10/26/04, 5:05 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Possible violation shortly after closing

You probably will not be able to obtain repair or compensation, from the sellers after closing.

However, you should review with your attorney the application of NY's rule concerning "Seller Disclosure Requirements," re your Contract, Violation and "Property Condition" problem.

Unless your Contract, Riders or Seller's Disclosure (a somewhat new requirement in NY), "Reserve" for that kind of condition or provides for certain kinds of "guarantees," you will probably get stuck with bill.

Good luck,

Phroska L. McAlister, ESQ

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Answered on 10/26/04, 6:40 pm


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