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We are attempting to sell our home in Miami Springs FL but…

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We are attempting to sell...
We are attempting to sell our home in Miami Springs FL but have come across a glitch. The city requires a reoccupancy certificate to be issued before the closing can take place. This certificate declares that the premises are being used for single family use only. When the inspector came she said we had to block up a side door and remove the garage door and block it up and have the bathroom certified by an engineer. All of these improvements were done without a permit and in place when we bought the house. This was before this certificate was required. We gave the buyer written notice that these additions were probably done without permits and gave them 10 days to inspect the premises. This document they signed. The home is being sold as is. My question is; Is this a title issue? If not do we have any kind of recourse?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 25 minutes by:
6/28/2010
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 22,809
Experience: B.A.; M.B.A.; J.D.
Verified

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

We are attempting to sell our home in Miami Springs FL but have come across a glitch. The city requires a reoccupancy certificate to be issued before the closing can take place. This certificate declares that the premises are being used for single family use only. When the inspector came she said we had to block up a side door and remove the garage door and block it up and have the bathroom certified by an engineer. All of these improvements were done without a permit and in place when we bought the house. This was before this certificate was required. We gave the buyer written notice that these additions were probably done without permits and gave them 10 days to inspect the premises. This document they signed. The home is being sold as is. My question is; Is this a title issue? If not do we have any kind of recourse?

 

Response: Unfortunately no this is not a title issue because it only goes to the uses of the premises and not to the title/ownership of the premises. Title insurance insures against title defects such as forged Deeds, an unknown heir of a previous owner who is claiming ownership of the property, Deeds executed under an expired or a fabricated power of attorney, Wills not properly probated; delivery of Deeds after the death of the grantor, etc.

 

You may have a recourse against the former Seller and the Seller's agent if the home was marketed as multi-family. However, a quick call to your city building inspector would have disclosed that the home was an illegal multi-family dwelling. Also, if it has been a long time since you purchased the property, the Statute of Limitations in bringing actions against the Seller and the Seller's Agent may have run. Statute of Limitations for written contracts in Florida is 5 years and Statute of Limitations for fraud is 4 years. See Florida Statutes Section 95.11(2)(b) and 95.11(3)(j).

 

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Customer reply replied 8 years ago
As a follow up I want to clarify something. If this is not a title issue and we disclosed to the buyer in writing that there may be additions that were not permitted and the buyer inspected the premises and signed the documents agreeing to this and was buying the house as is are we totally responsible for this issue.
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 8 years ago

As a follow up I want to clarify something. If this is not a title issue and we disclosed to the buyer in writing that there may be additions that were not permitted and the buyer inspected the premises and signed the documents agreeing to this and was buying the house as is are we totally responsible for this issue.

 

Response: Yes, you are.

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