AttorneyJohnJ says:
1:05 PM
Hello, I am a professional here to assist you. I appreciate your use of this service.
1:07 PM
Before we get started I would like to provide a brief explanation of how this system works.
In essence, when we are done you will leave a rating for my answer.
I only receive credit for assisting you if you leave a positive rating. The rating only applies to my answer. In some situations I will supply accurate legal information to customers who feel that information is "bad news." Please do not hold me accountable if the information provided was not what you were hoping to hear. We answer questions relying on an honor system with the hope that customers will do the rights thing and provide a positive rating so that we are credited for your work.
1:10 PM
There is a distinction between the requirements for a legal rental and the requirements for occupancy in general for a section of home.
1:11 PM
An area of a home may be permissibly used as part of the home under the occupancy regulations, but not meet the requirements for a rental.
1:11 PM
This is an important distinction because it may determine if the property was sold with an inaccurate description.
1:14 PM
So, if one was to find that a seller advertised a home as having a legal rental and it did not then there may be recourse against the seller.
1:16 PM
That may not expose the title company to liability because while the rental may not meet regulatory requirements, this would not be listed on the title in that the square footage as an in-law suite or extra room would still be accurate. the problem is not that description, rather it is the inability to rent to third parties.
1:16 PM
Rentals have differing requirements from space in a home or an in-law suite.
1:20 PM
Simply because an area of a home does not meet the requirements of a rental does not mean the area uninhabitable.
1:20 PM
Because of that, it is likely that taxes would be unaffected.
1:22 PM
Please follow-up with me if you need any other information. I hope that you will be so kind as to leave a positive rating. This is the only means by which I receive credit for helping you. If you have any problem with the rating feature, please respond to this post with a type rating such as "POSITIVE RATING."
1:22 PM
Thank you

I appreciate the reply. The best approach for successfully using this service is to follow-up.

I see that you are concerned mainly with the term "legal non-confirming" and the interaction between that term and liability of a title company.

Legal non-conforming, in regards XXXXX XXXXX and zoning, would mean that the relevant authority had granted an exception to enforcement of a code to a specific property. This comes up with zoning changes where a non-forming use is allowed to continue because it predated the zoning change.

A title company can have liability regarding a property description, but so long as the description is consistent with property records in which the title is filed there would be no basis for a claim;however, a seller may have liability for failing to accurately describe a property. So, the legal description of a property on a title may not line up with current code requirements which can periodically change and a title company would not have liability for such changes as it relies not on code language but instead the legal property records.

I hope I have addressed your concerns fully and that you can now leave me a positive rating. If not, please follow-up again so that we can more narrowly target what it is you are seeking.

Thank you again for your understanding and patience.