Quote:
Originally Posted by retiredguy123
Respectfully, I don't agree. Here is an excerpt from a standard disclosure statement used in Florida:
"Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
Was/Were the permit(s) closed out (finalized)?"
If this type of disclosure was not in the sales contract, the buyer could require it. You may not specifically call it a "defect", but it should be part of the seller's disclosure statement to the buyer. To me, in this context, "defect" and "out of compliance" essentially mean the same thing.
|
I see. To me, out of compliance means it was a willful act by the owner. A defect is not always willful and may or may not be the fault of the owner.
Erecting a lanai without proper permits is out of compliance.
A window that doesn't close properly is a defect.
The owner is responsible for not getting permits to build the lanai. He willfully ignored the rules. He is not responsible for the defect with the window.