Message Boards

Guidelines

  • Please be sure posts are category appropriate.
  • No off-topic or off-color postings.
  • Postings may be deleted at the discretion of HGTV Moderators.
  • No advertising is allowed.
  • Be Nice. No name calling, personal attacks or flaming.
  • Certain words will trigger moderation of the post. These words mostly cover political and religious topics, which are OFF the topics covered by HGTV.
  • For general message board help, click the tab labeled "Tools," and choose "Help" from the dropdown menu.
Full Guidelines
Go
New
Find
Notify
Tools
Reply
  
Illegalities Sign In/Join 
Picture of weakestlink
posted
Would any condition make it illegal to sell a home in New York State?
 
Posts: 590 | Location: upstate New York, USA | Registered: Mar 15, 2007Reply With QuoteReport This Post
Picture of Jewel
posted Hide Post
Jumping from the frying pan into the fire? Wink
 
Posts: 8188 | Registered: Sep 18, 2002Reply With QuoteReport This Post
posted Hide Post
Only one I can think of is if you have no legal authority/interest in the property you're trying to sell. Don't tell me you've unearthed a new problem- what specifically are you referring to- your aunts property? Or is the buyer stonewalling you?
 
Posts: 3055 | Location: Michigan and sw Florida | Registered: May 16, 2007Reply With QuoteReport This Post
Picture of Grapefruit
posted Hide Post
What about if you are in bankruptcy?
 
Posts: 3036 | Location: central PA | Registered: Jan 08, 2007Reply With QuoteReport This Post
Picture of real estate lady
posted Hide Post
Is this a guessing game - what is the problem?
 
Posts: 9182 | Registered: Aug 14, 2007Reply With QuoteReport This Post
Picture of real estate lady
posted Hide Post
Many of us here are not familiar with New York state estate laws. However a few guesses MAY be
bankruptcy of the parties issues, not an appointed executor with interest, not an appointed executor without interest, not an heir, condemned property with liens,escheat property, foreclosed property with final judgement, conflict of ownership rights and interest among parties, air rights, mineral rights, boundary problems, adjoining owner claims,... just to name a few.

Now what's the problem?
 
Posts: 9182 | Registered: Aug 14, 2007Reply With QuoteReport This Post
posted Hide Post
Weakestlink, I have followed your posts for several years now and have felt for you as I have lost both of my parents as well and have been amazed at the extent to which you have gone re their estate as well as your aunt's estate...

Not sure why you haven't received adequate legal advice (although I think that is because of one of two things ~ either you haven't paid for/listened to it or followed it) but, be that as it may, I am concerned that you are getting yourself into trouble you don't need when you start asking what could be "illegal". ?????

There are so many things that can be "illegal" no matter the state that you need to stop right now ~ stop everything. Back up, take a deep breath and re-consider whatever you are thinking about - DON'T DO IT!

Seriously, at this point in time, you need to back off and engage (that means hire and pay for) professional assistance to complete the transaction. You are in way over your head with the way the negotiations have gone so far and, now, being threatened that you are acting illegally?

Get professional help, Weakestlink ~ you don't need this in your life and you don't deserve it. You have gone above and beyond the sense of duty to your parents, aunt and all other relatives. Time to take back your life ~ NOW !!!

Wishing you only the best ~ you can do it; I know you can! Cool
 
Posts: 6487 | Registered: Jan 01, 2008Reply With QuoteReport This Post
Picture of weakestlink
posted Hide Post
Oops - I didn't mean to get everyone going on my aunt's property again. That's a cut and done deal as far as I'm concerned. The closing was on March 29th and I haven't heard any complaints from the buyer so far, although the estate attorney says it's going to take "some time" to straighten out the medical bills since they exceed the value of the estate.

My question arises from a tag sale I had recently. I was chatting with a person that had stopped and was asking questions about my own house. I mentioned that sometime in the near future I was thinking of selling it because it's just too big for me. This person looked around and said that I may have a hard time selling because of of the antiquated electrical wiring (no grounded outlets, old fuse box) and the numerous layers of shingles on the roof (which, according to this person, is a code violation). I was just wondering if he knows what he's talking about or just wants to "scare" me into thinking the house isn't worth much so he may make a low-ball offer later when it is put on the market.

Again, sorry about the misunderstanding.
 
Posts: 590 | Location: upstate New York, USA | Registered: Mar 15, 2007Reply With QuoteReport This Post
Picture of ga.karen
posted Hide Post
The best place to answers to ALL of those questions is at your county/city code enforcement office's office!
Don't rely on what "someone" tells you, research the FACTS!


"The soil is the source of life, creativity, culture and real independence." David Ben-Gurion
 
Posts: 4348 | Location: SW Ga. 8b | Registered: Apr 21, 2011Reply With QuoteReport This Post
posted Hide Post
People buy houses that need work all the time. You would have to see what comparable houses of that age are selling for.

I think he just likes to talk.
 
Posts: 6733 | Location: North MN & Northern AR | Registered: Oct 01, 2002Reply With QuoteReport This Post
posted Hide Post
Most mortgage lenders won't accept appraisal if there are more than two layers of shingles and they want to see a projected life expectancy of 3 years. Your antiquated wiring will be a problem as having house totally rewired would be many thousands of dollars to bring up to code- again check to see what is required by code.
 
Posts: 3055 | Location: Michigan and sw Florida | Registered: May 16, 2007Reply With QuoteReport This Post
posted Hide Post
Do you have a realtor, WL? If your house has numerous repair issues that may arise upon inspection and require immediate remediation in order to close a pending sale, it's a good idea (IMHO) to have an advance inspection for your own purposes.

Your realtor can help you find a competent, thorough inspector to perform an inspection and issue a report detailing all the punchlist items that must be completed prior to closing any sale. That way, you can find good tradespeople and negotiate better pricing without the extreme time pressure of an open escrow.

Then, when you are ready to list your property, it will be in good condition and you won't have to worry about these issues. In the meantime, I would ignore offhand comments made by tag sale shoppers.

BTW, your realtor can also explain your state's disclosure rules with respect to an inspection and any work completed. However, if you're selling an older home, offering your property as pre-inspected and properly maintained with repairs completed usually isn't considered a negative by potential buyers, IMHO.

Good Luck!
 
Posts: 168 | Registered: Sep 21, 2012Reply With QuoteReport This Post
posted Hide Post
quote:
Originally posted by weakestlink:

My question arises from a tag sale I had recently. I was chatting with a person that had stopped and was asking questions about my own house. I mentioned that sometime in the near future I was thinking of selling it because it's just too big for me. This person looked around and said that I may have a hard time selling because of of the antiquated electrical wiring (no grounded outlets, old fuse box) and the numerous layers of shingles on the roof (which, according to this person, is a code violation). I was just wondering if he knows what he's talking about or just wants to "scare" me into thinking the house isn't worth much so he may make a low-ball offer later when it is put on the market.


Just to be clear here, these items are not "illegal". Building code violations happen in every house. If you built a brand new house today, you'd have code violations within a matter of 3 or 4 years. The building codes change daily but they aren't retro-active. You don't have to update for every code change until such time as you pull a permit to do major work.

When a house is inspected (for building code purposes) it is inspected as to whether it meets the building code that was in force at the time the house was built or the last major renovations were done. Your roof, for example, may very well have been in compliance with the building code at the time it was last worked on even if it doesn't meet current code standards.

But the guy is right, you might very well have a hard time selling. You shouldn't expect to sell it for the same amount as you might get if everything was up to current codes. Those out-of-date systems are going to result in you getting a lower appraisal value than you'd get if they were current.
 
Posts: 46 | Location: United States | Registered: Apr 27, 2013Reply With QuoteReport This Post
posted Hide Post
Agree, as I mentioned above, the inspector will suggest repairs for any defects discovered, not code upgrades.

Unfortunately, outdated electrical is sometimes be considered a defect for insurance and safety reasons. (A buyer's insurance company may require an upgrade prior to issuing a new policy.) If so, the inspector will call it on his/her report and the buyer will demand the upgrade.

A pre-inspection can help you (hopefully) avoid surprises during the escrow period.

This message has been edited. Last edited by: BearCat49,
 
Posts: 168 | Registered: Sep 21, 2012Reply With QuoteReport This Post
  Powered by Social Strata  
 

HGTV.com    HGTV Message Boards  Hop To Forum Categories  Real Estate  Hop To Forums  Buying & Selling Homes    Illegalities