- Protect your investment! Obtain a home inspection
- Order a code lien search
- Obtain payoff information on outstanding code liens
In the State of Florida are thousands of homes bought and sold every year. How does a prospective buyer know if the home or property they are buying meets current Florida Building Codes and zoning regulations, or if it has existing code violations, fines, or liens?
New property owners are responsible for correcting code violations, and for paying any fines or lien amounts owed, even when a violation occurred before they purchased the property.
The cost to the new homeowner can be thousands of dollars. The best solution is to work with your Real Estate professional and request a home inspection and lien search before closing.
Code property inspections look for unpermitted improvements, non-conforming structures, open permits and verify zoning requirements. The inspections can be performed by a Florida licensed contractor or home inspector for either the property owner or prospective buyer.
A property owner considering selling his/ her property can arrange for a property inspection to determine whether code violations exist in advance of marketing the property for sale. This allows the seller time to correct any violations to avoid issues arising later with potential buyers. Upon considering purchase of a property, a buyer should always have a property inspection completed. Most sales contracts allow the buyer a contingency for property inspections. The buyer should be sure that his/her inspector inspects for un-permitted improvements, non-conforming structures, zoning appropriate for the structure/ intended use, and open permits. All existing code violations, fines, and liens go with the property and become the responsibility of the new owner when sold.
There are multiple types of liens that may be placed on a home. Regardless of the type of lien, though, its presence on the property record can cause significant time and trouble to a potential buyer. A simple title search should make the buyer aware of any issues – but while state law generally requires a seller to clear any liens before the property can be sold, it is not uncommon for a seller to simply try and hide it.
If a buyer does not discover the existence of a lien until that point, their recourse is limited.
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