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Nadia G.
  • Rental Property Investor
  • Bowie, MD
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Can I sell a "public nuisance" property in Toledo?

Nadia G.
  • Rental Property Investor
  • Bowie, MD
Posted May 17 2020, 09:56

I am hoping to find an answer from someone who has experience with a property in this situation.  The home is located in Toledo, is owned free and clear, is vacant, and owner lives out of state. The home is/was being renovated slowly, but recently was cited with violations from the city of Toledo (roof repair, door replacement, paint peeling, windows need replacement, etc). It was declared a public nuisance, and the owner now has a court date in August.  Instead of dumping more money into the home, it seems like a more economical solution would be to sell or demolish the home.  

My question is: is it possible to sell the property and have the buyer assume the responsibility for making the repairs? Can this be written into the contract of sale legally? Do any of the We Buy Ugly Homes companies do things like this? Can someone recommend a solution that doesn't involve putting more money into the home to fix the violations? 

The Toledo Housing Court has this listed in their FAQ section, so it alludes to the idea that you CAN sell the property as long as the repairs are still made, or else you will still be liable for the violations:

Does it solve my case by selling the property cited?
No. By selling your property, you will not be released from these charges. If you choose to sell the subject property, make certain the purchaser has the financial ability to immediately correct all of the code violations. Work to correct these code violations must be completed within thirty (30) days of the real estate closing. If these conditions are met, your case may be closed with the Judge’s discretion. If the aforementioned conditions are not met, you may be charged with a first degree misdemeanor. Toledo Municipal Code 1726.00 (e) states, "Any person who transfers his or her property to another after the property has been declared a public nuisance without first abating the nuisance is guilty of a misdemeanor of the first degree and shall be liable for any and all costs incurred by the City in abating the nuisance." Charges against the new owner may also be filed for failing or neglecting to obey or abide with an order to abate a public nuisance.

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