[frayedends]

Originally Posted by MrChip72

In my experience, when we bought our new home in DeLuna, most of the brand new homes would pop up for a few days of showings and then it was basically a lottery system to who gets to buy the home on the day when it was being released for sale.

If you were picked first and decided you didn't want it, it would go to the 2nd person that was selected. Some of the homes on my street had something like 8-10 people that had an offer to buy. I heard it was even more people in Richmond on most home sales. There was no offer/counteroffer or asking for conditions involved.

This is correct for new homes. The developer does not allow contingencies. The price is the price. 10% down in 7 days. Close in 30 days.
Sales in Lake Denham aren’t going quite so fast. But all the preserve/view lots did sell. But again no contingencies allowed. They do sometimes lower prices or offer things like washer dryer.

[Bjeanj]

Originally Posted by Papa_lecki

…
Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

Technically, the accuser is The Villages/your district. The person who reports something simply reports it, and The Villages determines whether there is a violation. If there is, they inform you. They are the accuser.

[Catalina36]

Originally Posted by APovi

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

Not sure what you are after?? There have been thousands of homes sold, new and preowned. Your question is Do these homes meet meet compliance?? Compliance meaning to receive a CO a "Certificate of Occupancy??? In NY when a home is built the the work is inspected during the various stages of completion. Foundation, Framework, Electrical, Plumbing, Insulation, sheetrock etc. etc. Each phase of construction must meet a Building Code to be approved or be in compliance as you would say?? Compliance to be a standard of building codes?? In Florida the CO / final inspection by "The Building Official""quote" is proof that the structure is habitable. So, you can do 2 things 1.) Hire a Inspector/Engineer to inspect the house before you purchase. I understand he wont be able to inspect inside walls, look at the foundation, there is only so much that a house inspector could see? #2) Don't buy a home in Florida. Best of Luck. I am Happy with my preowned home in The Villages. I am here 3 years and have found no issues.

[shaw8700@outlook.com]

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.

And is the information solely for the homeowner, meaning a buyer can’t get the information prior to going into escrow?

[Topspinmo]

Originally Posted by APovi

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

As you can see nobody knows that till complaints are filed. Probably why some CDDs are looking to change rules on complaints?

Some say you should know the rules of 13 plus districts before buying. I’m not in that group… IMO new to area buyer couldn’t possibly know that…

[BrianL99]

Originally Posted by Topspinmo

As you can see nobody knows that till complaints are filed. Probably why some CDDs are looking to change rules on complaints?

Some say you should know the rules of 13 plus districts before buying. I’m not in that group… IMO new to area buyer couldn’t possibly know that…

Most every post in this thread, illustrates why novice buyers should hire an attorney when they buy a home and not rely on a Title Company, who does nothing more than act as an Insurance Broker for a Title Company.

Yes, it would be easier if Florida used a system like most other states and required a "Certificate of Compliance" prior to Title transfer, but they don't and it's not likely to change soon. Hire a lawyer.

[ithos]

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

[Normal]

A document that would help the buyer is disclosure about any changes the seller did after buying the home. Most states require a disclosurer document. Our title guy gave us one to fill out when we sold our last home. We filled it out and it was witnessed when the buyer received it.

[Minoletti]

why shouldn't compliance w cdd vs non be part of a home inspection?

it would drive the price of inspections up I am sure

[Skunky1]

Any realtor or real estate agent operating in the villages should know about this problem and address it for their buyers. Failure to do so could be compensable I would believe. At the very least they should be reported to the department of business and professional regulation of the state of Florida (DPBR).The seller should’ve provided you with a disclosure statement prior to final acceptance of the contract. If they fail to include the discrepancy I would believe that would be compensable too.

[Klearhead]

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?


I've seen this problem reported many times but never any solutions.
-- You may have the beginnings of a solution.

--No....Since it's possible that each independent development has different qualifications or standards. Only the owners would know what if any changes to the existing home or property have been made. The entire issue of compliance would need to be removed from every deed issued by "The Villages" on behalf of those developers. Good Luck with that one !

[danglanzsr]

Originally Posted by Papa_lecki

Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

The sixth amendment says
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

It grants the accused the right to face “witnesses” against him. It does not give the accused the right to confront those who may have brought his actions to the attention of the authorities. In The Villages, the “little old ladies with clipboards” are not necessarily witnesses against the accused. They are more like “confidential informants”. No law gives the accused the right to confront confidential informants for obvious reasons.

[dewilson58]

Originally Posted by Skunky1

Failure to do so could be compensable I would believe.
I would believe that would be compensable too.

Nope
&
Nope

[Marathon Man]

Originally Posted by shaw8700@outlook.com

And is the information solely for the homeowner, meaning a buyer can’t get the information prior to going into escrow?

I'm not sure what information you are referring to. If it is the deed restrictions, they are available to anyone online.

[Klearhead]

Originally Posted by APovi

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

...The current compliance mandates offer nothing to the buyer that would allow for a challenge. "The Villages" are not responsible for the changes. These claims are made on behalf of those "developers". The actual reason behind these issues is the "Tax Act" that's been around in one form or another since 1776. The State and County does not want a resolution simply because these issues are County and State revenue builders. One might Argue or suggest to the Courts that when the last home in any development has been sold that these deeded requirements are passed onto those current homeowners and no longer a required matter of legal interest to the Developer. Good Luck with that !