In 2009, banks and mortgage companies added a requirement that open and expired permits and code violations must be closed prior to closing a real estate transaction. In response to the new bank requirement, title companies, closing agents and real estate attorneys began researching properties to determine if open and or expired building permits and or code violations exist.
In 2010, the As Is FARBAR (Florida Association of Realtors and Florida Bar Association) contract for sale and purchase which is the contract most often used in South Florida was updated. Paragraph 18 under Title Evidence; Restrictions; Easements; Limitations says that a seller shall convey free and clear title (marketable) subject to the comprehensive land use plans, zoning restrictions, prohibitions and other requirements imposed by governmental authority.
Open and expired building permits and code violations must be closed or resolved, although a cash buyer may sign a waiver or the title insurance underwriters will make the seller responsible for resolution of open and or expired building permits and code violations under paragraph 18 which includes open and or expired building permits of the As Is FARBAR contract.
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properties in Southern Miami-Dade County have open or expired pemits according to MDC Building Dept. 2012 survey.
70% of homes in Monroe County as of 2010 have open or expired permits. Unpermitted work that may pose a zoning or structual violation issue is not factored into these surveys.
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