CU report not provided timely - contingent attorney desired
I purchased my first fix n flip house in Miami FL and the bank did not give me the CU report timely. I could argue over $50K in damages to cure violations. I am looking for an attorney that would be interested to pursue this on an contingency basis.
I am also continuing to run into this problem over and over again where the asset manager at the bank is delaying the ordering of the CU inspection report (on purpose) until very close to the closing date. This is in violation of Ordinance 08-133 which requires the bank to provide the Certificate of Use inspection report before they are even able to offer the price for sale. Violators of the ordinance can be assessed a $10,000 fine if they do not comply, but that fine does not help the buyer to cure the violations that were slapped on the property after they buy the house.
Keep in mind also that the violations did not exist at the time of closing. After the CU report is completed, the report is then publically filed with the Miami Dade clerk of courts. Then Code enforcement uses the information in the CU report to start issuing code violations (usually within 10 days of the CU report being publically recorded). It seems the bank is acting fraudulently by intentionally withholding information that should be provided to the buyer well ahead of the closing date.
Then, what happens is that at the last minute, in order to proceed with the closing, the title underwriter requires the buyer to sign a Hold Harmless (HH) waiver. Since buyer thinks that they already know most of what is wrong with the house, must buy the house in AS IS condition,the buyer ends up signing the HH waiver. It is not until much a later that the CU report ends up creating violations on the house that the new buyer is then stuck to cure. Curing the violations also generally requires opening many permits to cure and close them all. Whole process and intention of the Ordinance is not being followed properly. I am wondering if there is anything that can be done about it?