I bought a property at auction today that was identified on Forclosure Radar as a Single Family Residence and when I went to the property to get in I was informed by a neighbor that the city had changed the area zoning to Commercial and that residences were a non conforming use. The lender and Trustee must have been aware of this and not disclosed it. You can’t have a Single Family Residence in an area zoned other than residential. Why wasn’t this property shown as commercial property? Don’t I have a right to rescind the purchase?
HI Harry,
We show the type of property and the zoning as it appears in public records. Although we make reasonable efforts to provide accurate information this is for information purposes and you will always want to do your due diligence to verify all information prior to Trustee Sale. We also encourage you to read our disclaimer.
Obviously there were some changes in the zoning of the property that is not currently reflected in public records. You should contact the City to determine if their is a grandfather clause on the land use. I do not believe this is grounds for a rescission of the sale.
Harry, also be sure to watch our video on bidding at auction. Specifically note that trustee sales are made without warranty or guaranty as to just about everything.
http://www.youtube.com/foreclosureradar#p/u/17/1CanJbhGdJM
Legal non-conforming ?? Could be a good thing !
Great point Richard. Is this a lot or a house? if it is a house then it likely can still be used that way no matter how the zoning has changed. Plus you may find that this increases the value as you may able to dual use the property… convert the garage into hair salon while maintaining a residence in the back, etc. We actually used to specifically go out and look for these as a lot of folks didn’t realize they had extra value that could be realized with just a little work.
you can probably sell as SFR with a 100% rebuild letter from the building and safety dept of the local municipality