real estate lawyer recommendation needed!

So the house we bought as a 2-famiily, have been taxed as a 2-family, and is listed as a 2-family on mynassauproperties - is apparently not a 2-family. Which, of course, we find out just after getting our first offer on the house (it's now for sale).

We really need help from a real estate lawyer to figure out this mess. Thank you in advance for your recommendations!

Re: real estate lawyer recommendation needed!

Normally, I always recommend Kristen Breglio on this site as a real estate lawyer. She is EXCELLENT at handling purchase contracts and closings, and walking clients through all aspects of their sale/purchase.

However, given the nature of your issue, I would recommend David Weiss in Bellmore. His number is (516) 783-0330. He does some work for the Town of Hempstead and knows a lot of people in local government (even if you are not in TOH). He is very experienced and could probably give you the best advice or answers.

But unfortunately, I think you will need to sell it as a single-family home, mother/daughter with proper permit.

Here's why (and this is a public service announcement for other buyers/sellers):

This is VERY common in Nassau - A true legal 2 family house is a rarity in certain areas. It has to have been built as a legal 2 family OR converted to one by C/O.

Many homes listed as 2 family are mother/daughter set ups by permit (which have specific rules, depending on the town - must be owner occupied, other occupants must be certain types of relatives, etc.). And the mother-daughter permit doesn't transfer with the house... new owners must reapply and show they meet the qualifications.

A true legal 2 doesn't need to be owner occupied and the owner can rent the units out to whomever -- it's a true investment property.

Most 1 family homes with a mother-daughter by permit set-up are listed as "duplexes" (2-family homes) on public records and are being taxed that way. But that doesn't mean they are true 2 families with C/O. Many real estate agents don't know this and just take the owners word and rely on public records.

The only way to know for sure whether a house is a true 2 family is to go to the town hall of whatever town it is in and request all of the C/Os on file for the house. But as a shortcut - usually a legal 2 family will not have interior access between the 2 units. If there is some sort of interior staircase or something connecting the 2 units, it's probably a mother-daughter by permit.

So sorry this is coming up now. If you are using a listing agent, they really should have checked on this before advertising the house as a 2 family. I am surprised it didn't come up when you bought the house (when title was run, etc.).

Hope you can work it out! Let me know if you have other questions, I am happy to help.

Re: real estate lawyer recommendation needed!

Re: real estate lawyer recommendation needed!

Hi Christine - I was actually going to email you to see if you could help! Thanks so much for this information.... Super helpful. We're really surprised it didn't come up then either... And I KNOW we asked....

Thanks again!
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Re: real estate lawyer recommendation needed!