After drawing up the contract to purchase a home, my attorney informed me that the owners do not have C of Os for the upper deck on the house. There is a lower deck that has the certificate but not the upper deck. The owners are not willing to get the permits.
The inspection report suggested that we replace the upper deck in the near future due to localized rotting so we had planned to do so in the next 2-3 years.
Should I expect to be able to get home insurance if there are no certificate/permits? Will this be a headache down the line If we are able to secure the home insurance and mortgage and then try rebuilding the deck in a couple of years?
Most contracts provide that if the deck becomes an impediment to closing the seller may remove it without any change in the purchase price. If your lender allows you to close without getting a co for the deck then you can take it as is. When you replace the deck it would be advisable to apply for a co at that time. If the lender requires a co for it then the seller could remove it and then you close. You could put it back after closing or leave it off the house. Should you accept title as is the issue you would have in the future is when you sell the house, or refinance the house, you would have the same issue we are discussing now. A buyer or a lender might require a co and that could impede your closing. You would need to have the same language in that contract that gives you options with regard to the missing co for the deck. In short, you have to be prepared to obtain a co in the future. Of course, there is also the possibility that the town refuses to issue a co and requires it be removed or that you have to get a variance to legalize the deck. You should discuss all of these possibilities with your attorney. None of this should affect your ability to get insurance on the property.
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