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Category: Real Estate Law
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Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I was issued a stop work order by Pasco County FL on 4/12/12.

Resolved Question:

I was issued a stop work order by Pasco County FL on 4/12/12.
No work done or in progress.

I purchased a double wide home, 8/12/2010, with above ground pool, hot tub, patio, all screen enclosed and clearly not new construction. I have building plans dated 6/6/89 showing pool as proposed. Photos of construction indicate pool was installed when building was installed. Area was screened in at a later date. PASCO inspector "Eddie Bernett" said no permit was filed. Visited Building Plans Office, Only option, purchase engineering plans, file for permit and go through inspection process/upgrade to current code or tear down.

5/23/2012 Received Certified Mail, I have 15 days to secure permits and approvals or I must remove a Pool, Screen Room and Shed.

5/25/2012 I replied, in summary, I am working the issue, impossible to resolve in 15 days.

Tax Records show items existed prior to purchase of property.
Tax Records:
24-24-16-0070-00000-0340 (card: 001 of 001) as of Sat, May 12, 2012
Hudson Highlands, PV 6 PG 94 Lot 34 or 8399 PG 678
Built 1990: Extra Features Listed and year installed:
1990, CAC-4 (Central AA > 960 SF DW) and SUNDECK (750 sf)
1991, CON PTO (concrete Patio 1,800 sf), DWSWC (Driveway/Sidewalk Concrete 1,230 sf)
1992, DWC (Driveway Concrete 736 sf)
1993 FDG (Finished Detached Garage 2,550 sf)
2000 8CBWS (8 in Block Wall w/Stucco 1,308 ft)
2002 SHED (Shed 1)
2002 SCRN-AF (Screen Enclosure A-Frame 1,143 sf)

Known Permits Issued: (http://secure.pascocountyfl.net/bccpapa/Default2.aspx)
107276 – 1/.12/1990 - Install Mobile Units – Roy Rhodes Mobile Homes (2)
128905 – 1/10/1991 – Add additional concrete – Owner is contractor
141659 – 8/5/1991 – Add Block Garage – Owner is contractor
323607 – 5/19/1999 – Block Wall – Owner is contractor
515580 – 11/22/2004 – Install Single and Double wide garage doors – S&H Associates, Inc.

Questions:
Best approach to resolve issue
Is the seller in any way liable for cost of issue
Would legal representation be a productive approach to this problem at this point

Preferred contact: eMailXXX@XXXXXX.XXX
or cell phone XXX-XXX-XXXX
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.

Good morning. There are a couple of approaches to take to resolve this. One, this should be a grandfathered situation and these government staffers can get out of control. An attorney would be helpful, but perhaps more helpful would be to get help from your city council person. These situations are usually resolved politically rather than legally...because while the government employees act ever so powerful with citizens, when the elected officials put pressure on them, they fold pretty easily. Two, go after the seller. The seller is obligated to disclose anything the seller knows or
should have known that a reasonable buyer would consider material in making the
decision whether or not to buy the property. Having improvements that were not permitted qualifies as something
that should have been disclosed. Someone in your position would want to send the seller a certified, return receipt requested letter
detailing the situation and letting them know that any costs and/or damages incurred due to this issue will need to be paid by the seller within a short specified period of time;
and inform seller that if such demand is not timely complied with, there will be
no choice but to file a suit against seller for damages. The letter would want to
make sure to specifically mention that this claim will be filed not only as a
breach of contract case, but also as a deceptive trade practice action, which
will entitle one to not only to actual damages, but also an additional amount
equal to 3 times that as punitive damages. That should provide plenty of
incentive to comply with your demands; but, if it does not, a suit should be
filed.



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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 47092
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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