Sold my house without permits with 10k in escrow for permits (Oyster Bay: sale, credit)
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I sold my house on Long Island, Town of Oyster Bay and 10 K was held in escrow for me to get the permits. I’ve since spent thousands to get all the approvals and now town is saying the deck railing is too low. They no longer make the color of trex for the deck and new home owner says they won’t accept any other color. My deck guy said he can take the cap off the railing put wood underneath to raise the railing and put cap back on. New homeowners say that’s unacceptable. Deck guy says they can remove the wood after town inspects it. They won’t accept that. This is the only thing left holding up my 10 grand. Any suggestions?
Tell buyers you will give them the 10k back BUT you will be removing the deck and remove the permits so they will need to start all over to build a deck
All of a sudden your idea for the railing will sound better.
They can't get the permits - that's what the problem is.
OP you are now at the mercy of what the new owners want. Start negotiating or hand over the $10K. That's what they really want.
I read it as they can get the permits but won’t let the work be done due to pieces being mismatched in color. I might have read it wrong. Still not sure.
But for clarity: what is the specific wording in the contract? Is it obtaining permits only? Obtaining certificates of completion? Finishing the job to buyer satisfaction, including cosmetic elements?
Typically the route is obtaining permits and maybe having them closed out via inspection. This requires construction documents showing code-compliant work. If the buyer refuses to budge on allowing compliant work, your lawyer should be pushing back on them to shut up and accept the deck as-is, or with the work done to code even if not cosmetically pleasing and make it their problem. I like the idea of destroying the deck entirely so that you won't be on the hook for giving over a house with non-compliant construction.
The market should still be strong enough that another buyer will want the house with the deck as-is.
I had a similar issue with my buyer in 2017. No permit on deck, I told my lawyer give them up to 4k credit. We settled on 2k off sale price and closed. No escrow nothing we settled it and closed the deal.
Tell buyers you will give them the 10k back BUT you will be removing the deck and remove the permits so they will need to start all over to build a deck
All of a sudden your idea for the railing will sound better.
I like this idea.
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