Re: Open permit on property, money being held

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This is a common problem in Florida which allows title companies that are not affiliated with an attorney's office to conduct closings. A good real estate attorney would have caught this when you purchased and the Seller would have been responsible. At this point, you basically have two options.

First, you can hire an attorney who can review the file and see if liability can be placed on anybody for failure to properly do their job. The problem you have is that a title company generally excepts any open permits from the title policy and thus is not responsible nor can a claim be filed against the policy. If a lien search was conducted, the company who performed the search may be responsible. Statutes of limitations may also be an issue based on the length of time since the original purchase.

Second, a qualified real estate attorney can help you reopen the existing permit and then close it out. You may have to hire a qualified electrician to do this task.

My office has encountered this numerous times and has had to clear these kinds of problems for client prior to selling or purchasing a property. It is not easy, but it can be done, and it can get expensive.

Scott R. Jay, Esq.