Before You Close: Small Issues That Could Delay Your Home Sale

Most real estate transactions in Westchester County and the Hudson Valley don’t fall apart because of the price. They stall, strain, or quietly lose momentum because of small details that surface late and demand to be dealt with quickly. Two of the most common issues we encounter are building violations and survey issues. Neither is particularly exotic. Both are routine, and both can become expensive distractions if they are not handled early and carefully.

From the outside, these problems can feel bureaucratic. In practice, they often determine whether a home sale moves forward on schedule, needs renegotiation, or ends up back on the market.

Building Violations: What Municipal Records Can Tell You

Every property has its own unique history, and much of it lives at the local building department. Permits, inspections, and certificates of compliance create a record of how a structure has been altered over time. Sometimes that record is clean. Sometimes it reveals open permits, unresolved violations, or work that was never properly signed off.

If you are preparing to sell a home, this isn’t something you want to discover after a signed contract. This would leave you with little time to address the necessary issues. Before a property is listed, it is wise to pull the property card from the municipality and confirm that there are no open issues. If permits need to be closed out or Certificates of Compliance need to be obtained, it is the Seller’s responsibility to do this prior to Closing. It is smart to address these issues early in the process before deadlines and financing timelines are already in motion.

If you are buying a home in Westchester, New York, the same principle applies from the other side of the table. It is imperative that you conduct a home inspection prior to executing a Contract of Sale. The inspection can often reveal not just structural issues but town compliance issues as well. This will allow for proper negotiation including credit towards a known issue. Conducting an inspection prior to contract signing can address problems that affect value, timing, financing, or title insurance. Sometimes the fix is simple. Sometimes it requires coordination among the seller, the town, and the lender. Either way, knowing early gives everyone more room to make careful, rational decisions.

Survey Issues in Residential Real Estate Transactions

Surveys do more than draw lines on a map. They define what is being bought and sold, and just as importantly, what is not. Two issues come up again and again in residential real estate transactions.

The first is an “out-of-possession” issue(s) on the property.  This means the surveyor found an instance wherein there is something (a fence or landscaping) that is prohibiting you from being able to access a portion of your own property. This must be addressed prior to Closing. 

The second common concern is encroachments. A neighbor’s fence might cross a property line. A shed, driveway, or retaining wall might sit outside the land boundaries. Sometimes these conditions have existed for years without conflict. Sometimes they matter a great deal to a lender, a title company, or a future buyer.  Again, this can be addressed legally, but it must be addressed prior to Closing. 

Understanding what a survey can and cannot tell you is part of managing risk in a real estate closing. The New York State Association of Professional Land Surveyors offers a clear overview of how property surveys work and why they matter in real estate transactions, which is a helpful resource for buyers and sellers who want to understand the process more deeply.

Why These Issues Matter at the Closing Table

Real estate is cumulative. Homes change hands, get renovated, and get adapted to new uses. Paperwork does not always keep pace. That does not mean a transaction is doomed, but it does mean that someone needs to spot the gaps, explain the implications, and guide the process toward a clean closing.

This is why at Safier Law Group, PC, we believe that experienced real estate counsel makes a practical difference. We know which issues are routine, which are negotiable, and which need to be resolved before a closing can move forward.

Most home purchases and sales do not need drama. They need attention to detail, good timing, and clear advice. Building violations and survey issues are part of the landscape in New York real estate. Handled early and thoughtfully, they stay what they should be. Just another step on the way to a successful closing.