No Certificate of Occupancy

[Account Closed]

Currently trying to close a deal on a fitness center that's still being developed here in California. 

Seller can guarantee the Certificate of Occupancy upon close of the escrow but when I requested that we include the Certificate of Occupancy as part of the materials provided in the Buyer's Contingencies to be reviewed prior to closing escrow (along with the lease, environmental reports, etc.), the agent said the seller will not accept this.

I'm confused as to why the seller wouldn't agree to this. If the seller can "guarantee" the Certificate of Occupancy, why wouldn't they be okay to include it with the other materials they're providing as part of the Buyer's Contingency? Why are they eager to close before providing a Certificate of Occupancy?

**This is a large developer and the tenant is a national fitness chain.

[Nathan Gesner]

That sounds shady. Just because it's a "large developer" and "national fitness chain" doesn't mean they are doing everything above board.