Quote:
Originally Posted by Marathon Man
How do you handle existing 'Non-Compliance'?
--Excellent question
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
--Deed restrictions can and do vary. A home must meet the restrictions of the CDD where it is located.
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
--No
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
--That is a great idea. I've not heard of anyone doing that, but you could be starting something big.
I've seen this problem reported many times but never any solutions.
-- You may have the beginnings of a solution.
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Apparently Real Estate Licencees, not just 'Realtors, but all (Sales and Brokers) are obligated to disclose to a buyer, not just 'Known Adverse Conditions' but also anything which would have been discovered with 'due diligence".
At least one legal opinion says that gives a 'damaged' buyer, grounds for suing the Real Estate Professionals involved (Salesperson and their broker) upon discovery.
This is based on the same concept as their legal obligation to disclose conditions like Radon, Lead Based Paint, Existing Code Enforcement action and many others., .
So we just need one 'injured party' to sue their Sales-person/broker and, maybe they will all avoid the future possibility of selling 'damaged goods!