Complain about a product or service

Pacific Homes

Kathleen of Elmont NY (10/12/05)
On July 15, 2005 my husband and I purchased a new 3 family home from the named builder and on August 31, 2005 we purchased a second 3 family home from the same builder at the same location in  Brooklyn NY. At the closing we were told that the certificate of occupancy was not obtained and that it would only take an additional six months. At both closings the bank held in escrow $25,000 from the seller, Pacific Homes, to ensure that the certificate of occupancy was delivered to us after the purchase. There was also unfinished work to be done and the builder signed an agreement that he would complete the work within that six months time frame. He also agreed to pay the mortgage while we wait for the work to be completed as we could not have access to the property.

He completed some of the work and paid the mortgage until November 30, 2004. In December 2004 he told us that we could have access to the houses and that he would not be paying December 1, 2004 mortgage. We had to start paying the mortgage as of December 1st. It is now 1 year and 3 months and we have not received the Certificate of Occupancy for neither of the houses. We have made numerous phone calls to the builder and he keeps telling us that we need to wait for the building department to inspect the premises and issue the necessary approvals. After tired of waiting I paid a visit to the building department and was provided with a list of outstanding items that needed to be completed by the builder before a Certificate of Occupancy could be issued. I provided this list to the builder and told him what the building department told me and he responded that he had to wait on the department and that all his work was done.

As of today's date I am still waiting for the Certificate of Occupancy. On Wednesday, October 12, 2005 my husband spoke to Mr. Alfred B who again informed him that the we should have the Certificate of Occupancy within the next 30 days. This will now take us into one year and four months. There are still unfished work to be done after all this time. We have provided the builder with several list of unfinished work and still they are not completed. Items that were agreed upon at the closing to be finished, he is now stating that he will not be completing them. This agreement was signed by him and the attorney who represented us. (Thomas Penebianco) He is of no earthly use, he only took our money at the closing and refuse to help us resolve this issue. Each time I call him for his help he says he will call me back but never did.

As a result of not having the Certificate of Occupancy I am unable to take court action against my tenant since May 2005. I have two apartments that the tenants refuse to pay and I cannot take them to court as I do not have a certificate of occupancy. I paid a lawyer $1250 to start the process and then to realize that we could not proceed without the certificate of occupancy. To date I have lost $15,120 between two apartments as I could not proceed with eviction without the C of O. We are on the verge of losing the buildings as I cannot afford to continue paying both mortgages and cannot evict the tenants.

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