Check With Planning And Zoning

Check With Planning And Zoning

There is an old saying that the difference between a novice and a seasoned investor is the number of scars and bruises you have. While I am much more optimistic than that about life as an investor, I'd like to share something I learned from a challenging experience with a property. "So, see this scar right here? Let me tell you about the battle I had where I got it."
A few years ago, I bought a triplex from another investor. The price was reasonable, I got seller finance with a minimal down payment--the seller was going through a divorce and said he had to liquidate some properties.
After doing standard due diligence, I felt comfortable I was making a solid purchase. At closing, I had a few questions, but nothing was said that raised any concerns on my part.
Almost two years passed, I put money into the property to improve it, the property was built in the 60's, so a few upgrades were in order.
Suddenly, I start receiving letters from the City. They are informing me that I am improperly using this property as a triplex, and that I immediately need to convert the property to single family usage. Only the property was never built to be a single family, in fact it had an upstairs unit that is only accessible from the outside, so I'd have to install a fire pole or a circular staircase in a very inconvenient place to convert it into an upstairs/downstairs access inside the property--not really something I could or would do to the property. But in doing further research, I discovered that this property had a long history of infractions with the city, and had lost its grandfathering as far as usage THREE DAYS after I had bought the property. The city hadn't even recorded the ownership change, so the previous owner had been notified, but he conveniently failed to inform me that I had a major problem with the city. What's more, he had been negligent in dealing with the issues that caused the problem, and the city had a file that was an inch and a half thick of notices and other correspondence that this seller was well aware of when he sold me the property.
I quickly perceived myself as being in the middle of a problem that had only two solutions. Either I had to fight city hall, who were already showing that they were going to be very unbending with this issue, or I needed to sue the seller for improper disclosure regarding the property.
Well, let's fast-forward through my pain, and just say that after dragging his feet at every juncture, the seller was finally pressured by the court to settle, I won the case, but as is so often the case, did not collect everything necessary to reimburse my litigation costs.
It was a bit of a costly training seminar for me, and the aggravation was the most costly part of it. The lesson, that I hope each of you will learn, is to include contact with the City Planning and Zoning department to see if they happen to have a file an inch and a half thick on the property you are about to buy. And whenever avoidable, don't fight city hall.
I have since moved on from this property to more profitable ventures, and I have found that real estate investing is still the most rewarding industry I have ever been involved with. Yes, we sometimes come out with battle scars, but I always feel like a hero each time I solve problems for either a buyer or a seller, and I get PAID for doing so. That's a pretty exciting business to be a part of!!!!

__________________

Dallin Wall
Real Estate Training Team
Forum Blog Location--A collection of my
"Best of" posts:
http://www.deangraziosi.com/blogs/dwall


one question comes to mind

How come the title company didnt catch this from the seach?
And two couldn't you sue the title company over not catching the violations aainst the house? When i bought my property they found 4 violations against the property which i usd against the back to drop the price even lower Smiling

Very intersting story thanks for sharing.

Richie
Never EVER give up!


Ouch and good question from B.C?

Why didn't they catch this? I have actually heard about this type of scenario by watching those flip shows on TV, but maybe I haven't actually learned the lesson, as I don't think about it in dealing with SFH, but I guess it can happen with any structure. Thank you for sharing, and glad you are done with this property and lesson.

__________________

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Title Insurance

I did not think that a title search would reveal problems with zoning or ordinance compliance. A title search is just that - a search for recorded documentation on a certain property. Unless the county records the violation, I do not believe that a title company could be held responsible. They do check for tax payment but that is connected with all properties. It is hard to function in a world when sellers are misleading.


Title Searches

I appreciate the additional comments. I think it is helpful to know that in some instances these types of violations are identified in Preliminary Title Searches. Obviously we all have limited time to do our due diligence and it is nice to be able to rely on others to supply needed information. It simply did not happen for me. And I honestly feel that I decided to take action against the primary offender. Although the city did take some action that I feel was ill-advised in this situation, it was through (minimally) negligence on the part of the previous owner that this issue was not resolved long before I acquired the property. If we were to view this from kind of a karmic standpoint, the problem that he created came back to haunt him. That, in some way, satisfies my view on poetic justice.

__________________

Dallin Wall
Real Estate Training Team
Forum Blog Location--A collection of my
"Best of" posts:
http://www.deangraziosi.com/blogs/dwall


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