SF converted to MF Illegally, now what?

Question

So here is the deal.I bought a house on 08/14/20, which was said to be zoned as a MF per the city assessor site and the listing on Zillow even though it was actually sold as SF.

On 08/12/20, unbeknownst to me and apparently everyone else, the owner was cited with violating zoning.I purchased the place to house hack and live in one side and rent the other.

Now it seems like he should have let me know it was cited, per the seller disclosure, and the title company should have caught it too.

time for an attorney?.?.?Recommendations on one in Florida specializing in zoning law?

Kenneth Garrett · Answer

@Travis Richardson

Sorry for your dilemma.  I always encourage investors and home buyers to request a FOIA (Freedom of Information Request) from the city as part of their due diligence.  It’s free and you catch issues that the seller does not disclose.  I request current and past zoning code violations, past permits issued, zoning classification, copy of a plat of survey, outstanding water bills, fines and other monies owed to the city.  These items are not recorded many times so the title company will not discover them.  For example a $1000 water bill.  There is no need for the city to file a lien, because the city will get it from the new buyer or no water turn on.

Contact your attorney who handled your purchase.  If you didn’t use one search for a real estate attorney to assist you, but it may be to late.

Deb S. · Answer

@Kenneth Garrett that's great information.  I wasn't aware of the FOIA and all the info that can be requested.  Thanks for the tip!

Russell Brazil · Answer

"even though it was actually sold as SF."

Obviously we dont know all the details of the transaction....but you seem to state here that it was being sold as a single family.

Wilson Pun · Answer

Definitely talk to an attorney that specialized in the specific state's law.  You don't even need a zoning attorney, a real estate attorney (ideally the one that represented you on the purchase) should know.  In NY for example, the tax classification is irrelevant because you'll get taxed based on whatever the observed occupancy is, even if the legal occupancy is contrary to existing use.  It's the Certificate of Occupancy that dictates the legal occupancy, not how it's assessed via tax classification.

Furthermore, the representation on legal occupancy (at least in NY), should always be directly in the contract and title company won't be much help because they insure title, not legal occupancy, even though the title report will have a CO search, it's "info only".

SF converted to MF Illegally, now what?

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