Purchasing real estate is a process and in the process, you should always seek the advice of an experienced real estate attorney. This is especially true when purchasing real estate property in a Municipality such as Miami Springs, Florida. There are specific issues with real estate properties in Miami Spring, Florida and having an attorney with prior experience in the municipality makes the transaction easier and most effective.
Miami Springs is mainly made up of single family homes with no homeowner’s associations. There is however, a Certificate of Re-occupancy which needs to be obtained prior to closing on the transaction. All properties for sale in the City of Miami Springs require the parties to obtain a certificate of re-occupancy before anyone can purchase the property.
The Certificate of Re-occupancy is a document which states that the property is in livable condition and the structure has not been altered in a negative way. This is governed by a Miami Springs ordinance Sec. 102-01. Re-occupancy certification states that it shall be unlawful for any person, firm or corporation to buy, sell, convey, or transfer, any single-family home without first obtaining a Re-occupancy Certificate from the Department of Building, Zoning and Code Enforcement. The Re-occupancy Certificate, if issued, shall state that the City has inspected the subject premises and has determined that the subject premises is in compliance with the single-family residential occupancy regulations of the City Code of Ordinances and that the dwelling is designed, configured, and being used for single-family residential purposes only. It shall be unlawful for any person, firm or corporation to close on the transfer or conveyance of any single-family home owned by such person, firm or corporation, without the owner having first disclosed, by written notice to the buyer, grantee or transferee, the fact that a Re-occupancy Certificate is required by the City in order to properly convey or transfer title to the subject premises An inspection of the property is performed by a City of Miami Springs employee and they make sure the property is free of any additions that were constructed without a proper permit. If the City’s inspector finds an alteration to the structure that was done without securing a permit, the City of Miami Springs will not issue the certificate of re-occupancy until the addition has been removed and/or restored back to its original plan. The certificate of re-occupancy is the sellers responsibility to obtain and takes no less than ten (10) business days to complete. The purchasing/selling of real estate is a time consuming process with many caveat’s which makes it important to have an experienced real estate attorney working for you.
Any single-family residentially zoned property that is bought, sold, conveyed or transferred without first securing the Re-occupancy Certificate required by this chapter, shall thereafter be considered by the City to be a nonconforming property which shall subject the property to all restrictions, limitations, and penalties provided by the City Code of Ordinances.
If you an questions or concerns regarding your real estate closing in Miami Springs please fee free to contact us at 305-227-4030 or legal@raygarcialaw.com
Law Office of Ray Garcia, P.A.
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