Legal Brief
By Christopher Maffucci, Real Estate Business Magazine, November/December 2008
Property Zoning
How much you should know
You just received an angry phone call from the buyer of a four-unit apartment building that you had recently listed and sold. The town in which the building is located has just notified the buyer that the four-unit apartment house he purchased last month through your office is illegal. The property is only legally permissible as a three-unit, and the town gave him a cease-and-desist order on the fourth.
Immediately you try to recall what you did when you signed up the listing. You walked through the property with the seller. You clearly remember there were four separate apartments and each unit had its own electric meter. You researched the price of comparable properties. You checked the deed and tax information as you always do, and the tax records show the house was in a multiple-family residential zone.
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Brenda Kelly, The GROUP, Inc.