Who do I sue first?
I purchased a property in Dade County in 2013. The property was on the same parcel as another condominium building.
The purchase contract stated this in the additional terms-
“Seller, as a condition subsequent to closing, shall remove and sever the subject properties from the condominium regime.”
When I recently went to sell the building, the buyers attorney informed me the land was never separated from the condominium with the city. Furthermore the city will not allow the separation as it would not meet their size and setback requirements. The buyer therefor backed out of the sale.
After extensive investigation, it was discovered that the sellers attorney executed the separation of the property with the county but not with the city.
The city will not issue any permits for work on the property unless it rejoins the condominium association.
Rejoining the condominium could trigger them to ask for backpay of 7 years HOA dues. It will also reduce the value of the building as it will be tied to a HOA and have ongoing fees payable.
I am trying to decide the best course of action forward.
1. Make a claim with the title insurance company because I feel they never should have issued title insurance on the property to begin with. I am unsure if I can make a valid claim and would value any feedback here.
2. Request the seller and his attorney hire a zoning attorney to battle with the city and obtain a variance to allow the plot to be legalised.
3. Sue the seller alleging they had an intention of fraud. I would argue they were aware the city would not allow the separation due to the size and setbacks, hence they sold the property and said the severance would be done after the sale. I am not sure how much I would try to claim in damages though?
I purchased the building for 80k. Funds spent over the years adds up to 40k.
The recent contract I had to sell the building was for 150k.