Wednesday, January 9, 2019
Selling Home in town of Amherst

If you are in the market to sell your home in the Town of Amherst make sure you consult with your realtor on what is required for the Time of sale transfer of real property.  Back in October 30th 2017 a law was inacted that read: 

§ 160-86Purpose.

No person shall transfer title to another person, nor accept from any other person the transfer of title to any structure or parcel of land upon which a residential structure, constructed prior to 1975, is located within the Town of Amherst Consolidated Sanitary Sewer District unless and until a duly authorized representative of the Town Engineering Department, shall have inspected the sump pump system, interior floor drains, footing drains, yard drains, roof drains and downspouts, catch basins and parking lot drains on said structure or parcel of land and that the same is found to be in compliance with the provisions of this chapter, specifically § 160-5(B) and 160-6(A), restricting the discharge of unpolluted waters into the sanitary sewer system in the Town of Amherst Consolidated Sanitary Sewer District; and the Town Engineer has issued a certificate of compliance stating likewise. This section shall not apply to transfers of property by gift, intestacy or testamentary disposition; transfers pursuant to the Federal Bankruptcy Act; transfers under Erie County in rem property tax foreclosures; transfers for which consideration is $100 or less; and transfers in connection with a partition.

It States residential structure, constructed prior to 1975 but I think that that law has been amended to the year 1965 now, as the Town Engineering Department was overwhelmed. Or, perhaps they realized after a slew of inspections that home constructed in the year 1975 back to 1966 seemed to be ok with the building codes.  But I would call the town prior to sale just to make sure as since the inception of this law things have changed.  For Example originally the fee was $25 now it is $100 and that could change again.  I will attach a link for the application for any one who want to print it out and get ahead of the curve if putting their house on the market. (Application) if you have any questions you can call me at the office and I can clarify, also this does not hold true for the village of Williamsville even though it is in the town the Village of Williamsville has a different requirement I will follow up on the next Blog post.