(305) 793-1365 restivomiami@gmail.com

SELLING A HOME WITH BUILDING CODE VIOLATIONS IN FLORIDA MAY CONSTITUTE FRAUD

July 28, 2010

P R O P E R T Y   S E A R C H

R E S T I V O – H E C H T M A N    T E A M

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IN FLORIDA, IF YOU ARE SELLING A PROPERTY THAT IS ENCOUMBERED WITH UNRESOLVED BUILDING CODE VIOLATIONS 

(OR PENDING CITATIONS

YOU ARE REQUIRED TO DISCLOSE THOSE TO THE HOMEBUYER (IN WRITING) PRIOR TO CLOSING…

AND YOU MUST PROVIDE THAT BUYER WITH A  WRITTEN DESCRIPTION OF THE VIOLATION ALONG WITH COPIES OF ANY PROCEEDINGS &  NOTICES.

 

 

PRIOR TO CLOSING:

1)  THE NEW HOMEOWNER MUST  AGREE  (IN WRITING)  TO BE LIABLE FOR CORRECTING THE VIOLATIONS, AND 

2) WITHIN FIVE DAYS OF TRANSFERRING TITLE, THE SELLER MUST SUBMIT THE  BUYER’S CONTACT INFORMATION TO CODE ENFORCEMENT, ALONG WITH A SIGNED WRITTEN AGREEMENT BETWEEN BUYER AND SELLER, INDICATING THAT THE BUYER HAS BEEN INFORMED ABOUT THE CODE VIOLATIONS AND ACCEPTS RESPONSIBILITY FOR  CORRECTING THE INFRACTIONS. 

SELLERS  WHO VIOLATE THIS PROVISION RISK BEING PROSECUTED FOR FRAUD. 

WITH MONEY TIGHT IN MANY SOUTH FLORIDA MUNICIPALITIES, CODE ENFORCEMENT IS CRACKING DOWN ON CODE VIOLATIONS IN ORDER TO PULL IN ADDITIONAL REVENUE.

RATHER THAN RELYING ON A BUYER TO AGREE TO SHOULDER THE RESPONSIBILITY, A LOCAL PERMIT CLOSER CAN HELP CORRECT VIOLATIONS (OR CLOSE OPEN PERMITS) BEFORE YOU LIST THE HOUSE FOR SALE.  IF YOU ARE ALREADY WORKING WITH A REALTOR, THEY CAN  CERTAINLY RECOMMEND ONE OF SEVERAL  LOCAL PERMIT CLOSERS.    WHENEVER YOU OR SOMEONE YOU KNOW  IS LOOKING TO BUY OR SELL REAL ESTATE IN THE MIAMI AREA, WE HOPE YOU’LL GIVE US A CALL  305-793-1365 OR CONTACT US HERE. WE WOULD BE PLEASED TO WORK WITH YOU ON YOUR NEXT HOME SALE OR PURCHASE.  THE RESTIVO TEAM – EWM REALTORS, INTERNATIONAL.

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Are You Prepared?

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