The major mistake many homeowners make when planning and designing...

The major mistake many homeowners make when planning and designing a kitchen island is thinking that bigger is better. That's not necessarily the case. Some of the most functional islands are ones that are as small as 42 inches long. (Oct. 6, 2011) Credit: photos.com

Does the idea of having a summer kitchen sound romantic? If you're looking to buy a house and find a listing that refers to it, beware: A "summer kitchen" is a bit of a catch-all phrase that can sometimes be code for a kitchen that’s not legal.

An illegal kitchen can trip you up in a number of ways, says attorney Chandra Ortiz, who serves on the Nassau County Bar Association Real Property Committee. The first problem will be getting the loan. “The bank’s appraiser will come in, and the issue could be raised in the appraisal report of whether or not it’s legal. Then you have to address the issue if you’re getting financing,” she says.

If you’re paying cash and don’t need a loan, you might get away with buying the home without raising any flags -- initially. But it’s risky, cautions Ortiz. If you get caught, “You would incur the costs of legalizing that. You could have to hire architects, engineers,” she says, adding, “You expose yourself to the possiblilty of fines."

If you’re not forced to address it during your own occupancy, the problem of legality can rear its ugly head in the future. “When you go to sell it, it may become an issue for the next buyer," she says.

To avoid snags later, ascertain the legality of that second kitchen before you try to proceed with the purchase, says Ortiz. “You would want to get a search through the building department of that municipality to make sure all the certificates of occupancy and certificates of completion are in place.”

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