Timely Contract® - Real Property, Real Solutions® - logo

Pre-Existing Code Violations and TIER Plus®

by | Nov 1, 2023 | TIER Plus

You’ve done your legal due diligence and checked the public document record at the County Recorder’s Office where you’re thinking of buying that vacation home. You found some interesting circumstances of the property you didn’t expect, including existing code violations. You correctly used this information to negotiate a reduction in your offer price to accommodate now-known impediments to the use and enjoyment of the property related to real estate code violations. You’ve done everything you know to do, so you should be good to close escrow, right?
Whoa there, cowboy! Not so fast!

Pre-Existing Code Violations Not Recorded at the County Recorder’s Office

In most geographies, you would be safe to close after reviewing the public document record at the County Recorder’s Office. However, practices surrounding the buying and selling of land are notoriously idiosyncratic and can be radically different depending on the State, and the County, where the property is located.
Suffice it to say that existing code violations don’t always get recorded at the County Recorder’s Office. However, this doesn’t mean that the new property owner won’t get stuck with the cost of remediation or a fine related to real estate code violations.
You can’t make this stuff up, and yet it happens.
The purchase or sale of real estate is complicated. With so much on the line, it’s better to be safe than sorry!

Timely Contract® Solutions

Buyers: Use TIER Plus® to perform the legal due diligence necessary to identify limitations to the use and enjoyment of a property, in order that a market-based price can be determined before close of escrow. Get answers to your questions. Be prepared with legal options if adverse or unforeseen requirements related to real estate code violations are found.
Sellers: Use TIER Plus® to fully disclose limitations to the use and enjoyment of your property, and to substantiate your list price.
Use Timely Contract® to avoid common problems of the real estate transaction … and to sleep better at night!
This posting is not legal advice. Legal advice is based on specific facts. This information is necessarily general in nature.

Recent Posts

Real Estate Agents and Timely Contract®

As an experienced real estate agent, you may never imagine that an attorney could be useful to your practice: they take too long, address problems no one cares about, and cost too much. Attorneys traditionally have carried unlimited legal liability during the...

Real Estate Transaction Fees: Important Court Decision

Real Estate Transaction Fees: Important Court Decision A guilty verdict was handed down by a federal jury on October 31, 2023 that threatens to upend the cozy financial relationships enjoyed by agents representing Buyers and Sellers during the real estate transaction....

Historic District Designation and TIER Plus®

Are you thinking of buying a centrally located, older home in a downtown neighborhood? After many remodels, you may know how to bring the building up-to-code and sell at a profit. Or perhaps you’re a hobbyist with intentions to live the downtown, walkable lifestyle....

Buying Unimproved Land

You’ve toiled for years, sold the family home, and are on the hunt for land to build that dream home. The risks to buying unimproved land are seldom appreciated by the uninitiated. Power, water, drainage, septic, and land use rights and restrictions all come into...

Accessing Traditional Legal Service Through Timely Contract®

As useful as limited-scope legal services are, there are times when a more robust set of legal services is necessary. Timely Contract can be used to identify experienced real estate attorneys licensed in the jurisdiction of the property who may be interested in your...

Types of Real Estate Contracts

There are many types of RE contracts available to buyers and sellers. We’ve compiled the Top 40 for your review!

Real Estate Glossary

From A to Z, we’ve compiled over 310 real estate terms!
Skip to content