We closed on a house in Long Island NY. After closing we were looking into getting a certificate of Occupancy for an enclosure over outdoor basement steps. We found out that this opening was never on the original blueprints or any after. We don't know how such an oversight could be missed. When contacting the lawyer who did our closing we were told there is nothing that can be done because there was nothing in our contract that addressed this issue. So, this is considered our problem? Our expense? What can we do?
Answer
Failure to identify illegal improvements is legal malpractice. Tell the lawyer to notify his E&O carrier the he has a prelitigation claim. And discuss the monetary settlement with the carrier...or engage counsel expert in real estate and insurance. See, e.g., KevinJConnollylaw.com
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