Legal or Illegal Two Flat?

[Team Fergus]

Three years ago we purchased a two-flat (built in 1906 as a two-flat and continuously used as such). The home was listed in the MLS by the Real Estate Agent representing the seller as a two-flat, and the property was listed as zoned R1, which we have since learned is single-family. Our home is listed on the tax roles as single family, and this is how we learned of the discrepancy.

We believe that the home should be classified as a "legal, non-conforming two-flat." We want to be sure that when we sell this property that it can be listed and sold as a two-flat.

How do we correct this problem and who is at fault for not catching this problem at the time we purchased the property?

Thanks --

We are worried that we will not be able to sell the home as a two-flat.

[seniorjudge]

Originally Posted by Team Fergus

Three years ago we purchased a two-flat (built in 1906 as a two-flat and continuously used as such). The home was listed in the MLS by the Real Estate Agent representing the seller as a two-flat, and the property was listed as zoned R1, which we have since learned is single-family. Our home is listed on the tax roles as single family, and this is how we learned of the discrepancy.

We believe that the home should be classified as a "legal, non-conforming two-flat." We want to be sure that when we sell this property that it can be listed and sold as a two-flat.

How do we correct this problem and who is at fault for not catching this problem at the time we purchased the property?

Thanks --

We are worried that we will not be able to sell the home as a two-flat.

Go to the zoning bureaucrats and ask your questions; the stuff on the real estate contract and the tax bills is advisory only and not binding.

[HomeGuru]

Originally Posted by Team Fergus

Three years ago we purchased a two-flat (built in 1906 as a two-flat and continuously used as such). The home was listed in the MLS by the Real Estate Agent representing the seller as a two-flat, and the property was listed as zoned R1, which we have since learned is single-family. Our home is listed on the tax roles as single family, and this is how we learned of the discrepancy.

We believe that the home should be classified as a "legal, non-conforming two-flat." We want to be sure that when we sell this property that it can be listed and sold as a two-flat.

How do we correct this problem and who is at fault for not catching this problem at the time we purchased the property?

Thanks --

We are worried that we will not be able to sell the home as a two-flat.

**A: the Seller, the two real estate agents and you are responsible.