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This is going to be a little long, bear with me....
Hi, do all new builds in CA require a cert of occupancy before the loan can close? We are doing a VA loan. Our builder finished the house later than planned. Original completion date was supposed to be 9/25, but carpet and appliances weren't even installed. The week after, the appraiser went out and noted house was 95% complete and wrote it appraised for the entire cost of the house. We had all our conditions docs in the day after the conditional approval, which was like 2-3 weeks ago. But for the last 2-3 weeks, there has been utter chaos with the builder getting the docs from the conditions list satisfied. My LO wasn't getting responses from the builder in a timely manner. The builder had 3 people working on this issue - The title company, their escrow coordinator, and the sales agent. NOBODY was getting the docs from the list. Finally, I called last Thursday directly to title company. The bank wanted the building plans and certificate of occupancy from the city. Title co said "they don't need that to close! that doesn't come until later anyway" but she said she would try to help clear this all up.
She gets on the phone directly with the bank. The bank tells her we have a governent backed loan and for all govt backed loans have to have this COO. I find out the next day they hustled the city inspector over there and we get the COO. However, NOW the appraiser has to go out again. That's happening today. We were supposed to close on 10/14 originally and I was CERTAIN we'd be moving by 10/24, but nope. The appraisal probably won't be emailed until tomorrow, CTC will probably take a couple more days and then we've got to wait for closing dept to assemble all the docs, etc etc. If everything happens lightening fast it's possible we'll have keys on Friday but it's not likely.
So, now I had adjust my time off of work, my moving plans, coordinate childcare differently, and hope to God that we can get out before the end of the month. So, I was a little irritated and called our agent to ask them if they could compensate us for the delayed closing by offering us a fridge. Sales agent tells her the reason for the delay was that I changed lenders in the middle of the process - a month and a half ago! I was so pissed! So, I emailed him and explained the timeline of events. I did change lenders a month and a half ago, but that had no bearing. Even had I not, we would still be in this predicament because the house wasn't done on time. Lennar seemed to not realize we need this COO before we could close and I am astounded by that!
I can only assume a COO is not needed on new builds for other types of loans? VA loan is pretty common though, I don't understand how they couldn't know we couldn't close until the house was done? How can the Sales Agent, Title Co, AND Escrow coordinator NOT understand this? What am I missing here? Anyway, I was pissed because if they were under the impression this was my fault then they could charge per diem. Now, my sales agent is telling me he understands and there will be no per diem charged thankfully. But no fridge either ;(.
I have sold many new construction homes over the last 35 years and every single one requires a Certificate of Occupany before closing.
Lennar knows that...at least they certainly know it here (Florida). There are differences between states for some things but I have never heard of closing a newly built home anywhere without a Certificate of Occupancy (which here we refer to it as a C/O). That is the final inspection by the city/county or whatever municipality building department that issued the building permit. You can't get power on or turn on water or any utility without the C/O.
As to the final inspection by the VA, yes, it is a requirement after the C/O is issued to have the 'appraisal inspection' done when everything is complete.
Your builder is delivering late. Their contract gives them the ability to do that. It is stressful when the dates aren't met, but not unusual especially for a national builder. In the contracts I've seen by Lennar they have up to 2 years to deliver the property!
Not blasting you, but someone is trying to snow you by saying they didn't know about the C/O requirement.
THANK YOU StartingOver, that's what I thought! What I think happened is that there are so many hands in the pot that the right hand doesn't know what the left hand is doing. And potentially the sales agent is getting mixed messages regarding why the loan is closing so late. Or maybe they just didn't like my request about getting a fridge lol.
@Anonymous wrote:THANK YOU StartingOver, that's what I thought! What I think happened is that there are so many hands in the pot that the right hand doesn't know what the left hand is doing. And potentially the sales agent is getting mixed messages regarding why the loan is closing so late. Or maybe they just didn't like my request about getting a fridge lol.
The builder's sales agent is your #1 person to hold responsible for knowing why the how is not complete, what is the status of construction/inspections, etc because the builder undoubtedly productes a report with those details weekly. The loan officer is also responsible for letting you know what else is needed in order get a CTC and schedule closing. As posted above, a C/O is required before a CTC can be issued by the lender so that the closing agent can then schedule the closing. Bottom line is that your builder is the problem. Period.
Did you have an estimated construction completion date from the builder? I don't know what leverage you may have with that builder but my company usually compensate our buyers in some mutually-acceptable way when closing is delayed for more than a week or so. Good luck to you.
We are in SWFL. Ours was also a VA loan. We were supposed to close on 30 June. House was completed ahead of schedule and they actually brought closing forward to June 22. However, city did not turn on water so no CO. Then because the water wasn't turned on and we missed the initial inspection, we had to wait for the city. Short version, they finally issued the CO on July 15.
I can't tell you who is to blame in your case but I can tell you that here in FL you can't close unless the CO is issued. Best of luck.
I'm sure you will be fine, but here is a little extra {{{good vibes}}} coming your way!