TD Morgan
Junior Member
- Joined
- Apr 18, 2011
- Professional Status
- Certified General Appraiser
- State
- Oregon
A court could rule that the buyer has a fiduciary responsibility to do their own "due diligence" therefore could have known and should have known the "score" with the zoning restrictions. It is neither the seller, nor agent, nor appraisers job to tell them that. I've actually seen that in a case where the plaintiffs failed....I know the case very well because I and a bank were the defendants and the suit was tossed out before it ever got to anything close to trial.
Thanks for your input. Because other owners were living in the property full time when he bought and the management of the association indicated it was allowed, he didn't ask further. Even when I looked into it, the P-D zoning wasn't clear and a conversation with the zoning boss didn't clear up the question until she sought legal input. It was not a quick process to get the final answer.
The appraiser didn't do anything further than verify the P-D zoning. The property was approved for a hotel, so any alternative use of individual condos is not allowed. The zoning folks know that at least a couple dozen units are used for permanent residences yet have not moved forward with any sort of violation notices. Units are still rented as month-to-month apartments and even rented with annual leases. This is the most unique land use situation I have encountered, which is why I sought opinions. I appreciate those of you who focused on the question.
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