A: There are a number of steps you can take to verify the number of legal units in a property. The following is a good review of the possible steps you can take.

1. 1. Review the Municipal Assessor’s Record: Check the Assessor’s database for property classification, number of units, and use code. This is helpful but is not conclusive proof of legal occupancy because Assessor records are primarily maintained for tax purposes.
   2. Contact the Building Department: Request certificates of occupancy (if applicable), building permits, approved plans, final inspections, and records of any unit conversions. Sample questions to ask include:
      • • Is the property recognized as a legal three-unit?
        • Were all units legally permitted?
        • Are there any open permits or violations?
   3. Verify Zoning: Determine whether three-unit dwellings are permitted in the zoning district and whether the property is legally conforming or legally nonconforming (grandfathered).
   4. Review Conversion History: If the building was converted from another use, verify that the conversion was properly permitted and approved.
   5. Review Prior MLS History: Do not rely on prior marketing descriptions as proof that the premises is legally a three-unit property. Relying on MLS records alone is not a sign of an agent’s good-faith effort in this example.
   6. Question the Seller: Ask whether permits were obtained, whether a certificate of occupancy exists, and whether the municipality has ever questioned the property’s legal status.
   7. Advise Buyers to conduct their own Due Diligence: “Property currently configured as three units; buyers should independently verify legal three-unit status with the municipality.”