Duplex in Cleveland listed as Triplex

[Malika Mukhamedova]

We locked up listed Triplex in a Cleveland Ohio. Large, high ceiling 2BD/1Ba Third unit did not have stove and during our due diligence, we found out that Cleveland Heights City zoned it as Duplex and County zoned it as Triplex (this they listed it as triplex). City Building planner emailed us back and said that county zoning has no bearable on city zoning ordinance. We were supposed to close in the next few days. RE agent has reporting this is common for Cleveland (esp for Heights area) and does not think we should ask for price reduction and that we “should have known” when we saw lack of stove on third floor. Anybody has experience? How should we proceed? Our RE agent does not seem to be on our side here, we might have hard time getting our earnest money/appraisal back. We strongly think this was mid-represented as it is zoned as duplex but being sold as triplex. Appreciate any advice

[Michael Magno]

@Malika Mukhamedo

As an investor and agent in the Cleveland market, I’m disappointed to hear about your experience with your agent.

While you can certainly ask for a price reduction, if you do not have any contingencies left in your contract, why would the seller agree? You have really have no leg to stand on. Your agent should have counseled you better. Cleveland Height is full of houses like this. At this point, you need to ask yourself, does the cost of making this unit into a legal unit per the city justify you moving forward? If the answer is yes, then move forward. If the answer is no, well than unfortunately if the seller doesn’t sign a mutual release. Then the EM deposit will sit in escrow for the next 2 years. And DONT sign a release giving the escrow deposit to the seller. Make them go after it in court.