Short answer is NO!

The long answer is in several parts. First, title, and title insurance, is about marketability of the title to the property. Does the person who will be signing the the deed have the ability to do so? And do so without the Buyer assuming any undisclosed liens?

Language to protect the Buyer is now added to most of the Contracts I see. This is because we have all learned the hard way that without it the Seller doesn’t need to do much to remedy any unpermitted work, nor work that was done with a permit that was not closed out. Good agents will look into permits during the Inspection Period but soem do not. Only to find an open or expired permit when the Municiple Lien search of the Title agent comes back. But by then the As-Is period has ended. Why does that matter?

The FAR BAR As-Is Contract specifies in paragraph 12(a) that: “Unless Buyer exercises the right to terminate granted herein, Buyer accepts the physical condition of the Property and any violation of governmental, building, environmental, and safety codes, restrictions, or requirements, but subject to Seller’s continuing AS IS Maintenance Requirement,” Thus, by going past the As-Is period the Buyer is accepting any permit issues which are violations of “building…codes.”

And, 12(c) states: “SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer’s inspection of the Property identifies open or needed building permits, then Seller shall promptly deliver to Buyer all plans, written documentation or other information in Seller’s possession, knowledge, or control relating to improvements to the Property which are the subject of such open or needed permits, and shall promptly cooperate in good faith with Buyer’s efforts to obtain estimates of repairs or other work necessary to resolve such permit issues. Seller’s obligation to cooperate shall include Seller’s execution of necessary authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates of such repairs or work prepared, but in fulfilling such obligation, Seller shall not be required to expend, or become obligated to expend, any money.“

How to use Florida Statute 553.79 to close out old building permits?

This is something which the Florida Association of Realtors got changed. As of 7 June 2019 via HB 447 local governments are, as per FS 553.79(16) & (17), to…

• Authorized to close a building permit six years after the issuance of the permit if the local government determines that no apparent safety hazards exist.
  • 16 (c) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazards exist.
• Prohibited from penalizing an “arm’s length purchaser” of property solely because a previous owner failed to close a building permit.
  • “(17)(a) A local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize, sanction, or assess fees against an arms-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit.”

It also provides remedies for owners who subsequently discover permits that remain open for work they previously contracted for, and for new purchasers who later discover an open permit for improvements added by a previous owner of the property that was previously undisclosed.

It is important to note that a contractor hired to finish an original contractor’s uncompleted work are only liable for the work they perform. The new contractor is not responsible for any defects in the work performed by the original contractor.

Proposed Occupation List for 2025 Hometown Heroes Program

For the 2025-2026 fiscal year, eligibility for financial assistance through the program appropriated shall be limited to the following borrowers:

• A person employed full-time by a Florida-based employer as a health care worker, school staff member, first responder, public safety or court employee, or child care worker;

• A service member of the United States military or military reserves, the United States Coast Guard or its reserves, or the Florida National Guard; or

• A veteran employed full-time by a Florida-based employer.

HEALTHCARE WORKERS

Borrowers employed full-time by a Florida-based healthcare provider/physician, hospital, assisted living facility, healthcare facility, and mental health facility are eligible. Examples include, but are not limited to:

Nursing

• Advanced Practice Registered Nurse (APRN)
• Clinical Nurse Specialist
• Licensed Practical Nurse (LPN)
• Nurse Anesthetist
• Nurse Midwife
• Nursing Assistant (CNA)
• Nursing Technician
• Registered Nurse (RN)
• Medical Technicians
• Anesthesia Support Technician
• Cardiology Technician
• Clinical Technician
• Computed Tomography (CT) Technician
• Emergency Room (ER) Technician
• Laboratory Technician (Including Phlebotomist)
• Monitor Technician
• Music Technician
• Neurology Technician
• Nuclear Medicine Technician
• Orthopedic (Ortho) Technician
• Pharmacy Technician
• Radiation Technician
• Rehabilitation (Rehab) Technician
• Sonographer
• Surgical Technician
• X-ray Technician
• Medical Therapists
• Audiology Therapist
• Occupational Therapist
• Physical Therapist
• Respiratory Therapist
• Speech Therapist
• Physicians & Pharmacists
• Anesthesiologist
• Anesthesiologist Assistant
• Dentist
• Hearing Aid Specialist
• Nuclear Pharmacist
• Optician
• Orthotist
• Pharmacist
• Pharmacy Technician
• Physician
• Physician Assistant
• Prosthetist

Mental Health Workers

• Psychiatrist
• Psychologist
• Behavioral Health Technician
• Behavioral Therapist
• Mental Health Specialist
• Social Worker
• Other Healthcare Workers
• Acupuncturist
• Assisted Living Administrator
• Genetic Counselor
• Home Health Aide
• Massage Therapist
• Medical Assistant (CMA or MA)
• Patient Care Assistant
• Patient Transporter (Orderly)

SCHOOL STAFF MEMBERS

Borrowers employed full-time by a Florida-based K-12 public, private, charter or magnet school are eligible. Examples include, but are not limited to:

• Assistant Principal
• Career Specialist (Guidance Counselor)
• Classroom Teacher
• Food Service / Cafeteria Staff
• Librarian / Media Specialist
• Maintenance / Janitorial Staff
• Principal
• School Counselor
• School Psychologist
• Social Worker
• Teacher Aide

FIRST RESPONDERS

Borrowers employed full-time by a FL-based fire department, ambulance service or hospital are eligible. Examples include, but are not limited to:

• Emergency Medical Technician (EMT)
• Firefighter
• Paramedic
• PUBLIC SAFETY WORKERS
• Borrowers employed full-time by a Florida-based local, county, state, or federal law enforcement
• department, juvenile detention facility, correctional facility or emergency operations center are
• eligible. Examples include, but are not limited to:
• 911 Public Safety Communicator (911 Operator or Dispatcher)
• Adult Protective Services Enforcement
• Child Protective Services Enforcement
• Correction Officer
• Correctional Probation Officer
• Juvenile Detention Officer
• Juvenile Probation Officer
• Sworn Law Enforcement Officer (Local, State or Federal)

COURT EMPLOYEES

Borrowers employed full-time by a Florida-based county, state or federal court, court administrator’s office, State Attorney’s Office, or Public Defender’s Office are eligible. Examples include, but are not limited to:

• Assistant Public Defender
• Assistant State Attorney
• Attorney
• Court Clerk
• Court Stenographer (Court Reporter)
• Judge

CHILD CARE WORKERS

Borrowers employed full-time with a Florida-based licensed child care facility pursuant to s.402.301-402.305 or exempt from licensure pursuant to s.402.313 and 402.316 are eligible. Examples include, but are not limited to:

• Any worker at a licensed Child Care facility
• Any worker at a licensed or registered family day care home

MILITARY

A servicemember of the United States military or military reserves, the United States Coast Guard or its reserves, or the Florida National Guard, including:

• Air Force, Air Force Reserve & Air National Guard
• Army, Army Reserve & Air National Guard
• Coast Guard & Coast Guard Reserve
• Florida National Guard
• Marine Corps & Marine Corps Reserve
• Navy & Navy Reserve
• Space Force & Space Force Reserve

VETERANS

• Veterans employed full-time by a Florida-based employer who have been discharged under other than dishonorable conditions from one of the eligible Military or Reserve branches above.

The Florida FAR BAR As-Is has many locations in it were one party must notify the other. The typical would be when the As-Is condition of the Property is not acceptable and the Buyer wishes to Cancel the Contract.

First, “time is of the essence” so the notification must be timely. It must be given before the end of, for this example, the “Inpection Period.”

Second, the notice must be “written notice.” So the notice MUST be in writing. And it must be from that party, not their agent. It should be addressed to the names of the other party as shown on the Contract. It should include the address of that party as shown on the Contract. It should be clear, concise and definitive. Something like: “Dear (Seller), I (we) am notifying you that the As-Is Condition of the Property is not acceptable. And that I (we) am/are electing the Cancel the Contract between us as provided for in Paragraph 12 of same.”

This notice must then be delivered to the other party, the Seller in this example. This is typically done through the 2 Brokers, but need not be, and via email is now allowed. (Buyer =>Buyer’s Agent => Seller’s Agent => Seller) NOTE that it may NOT be via a text message. Another caveat here is that if a party is using an agent who has executed a “No Brokerage” relationship with them then that agent does NOT represent the party. Be carefull on those limited services listings. And when a notice like this is sent always get a confirmation back from the other agent (or party) to confirm it was delivered, and in a timely manner.

This Standard O of the Contract (changed back in 2021) which reads: “Notice and delivery given by or to the attorney or broker (including such broker’s real estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in writing and may only be made by mail, facsimile transmission, personal delivery or email. A facsimile or electronic copy of this Contract and any signatures hereon shall be considered for all purposes as an original. This Contract may be executed by use of electronic signatures, as determined by Florida’s Electronic Signature Act and other applicable laws.”

Let’s take a look at paragraph 5 of the FAR BAR As-Is Contract:

EXTENSION OF CLOSING DATE:

(a) In the event Closing funds from Buyer’s lender(s) are not available on Closing Date due to Consumer Financial Protection Bureau Closing Disclosure delivery requirements (“CFPB Requirements”), if Paragraph 8(b) is checked, Loan Approval has been obtained, and lender’s underwriting is complete, then Closing Date shall be extended for such period necessary to satisfy CFPB Requirements, provided such period shall not exceed 7 days.

(b) If an event constituting “Force Majeure” causes services essential for Closing to be unavailable, including the unavailability of utilities or issuance of hazard, wind, flood or homeowners’ insurance, Closing Date shall be extended as provided in STANDARD G.

First, 5(a) – Basically, IF 1) the Contract is contingent upon Loan Approval, and 2) Loan Approval has been obtained, and 3) The Loan Underwriting is complete (which should be required for Loan Approval but may not be under other terms such as 8(b)(iii)) then the agreed upon Closing Date MAY be extended up to 7 (calendar) days so as to comply with CFPB (Consumer Finance Protection Bureau) requirements. The CFPB requires that the Buyer have 3 BUSINESS days to review the final CD or Closing Disclosure. These are what is referred to as a “precise business day.” A precise business day counts all calendar days except Sundays and legal public holidays listed in 5 U.S.C. 6103(a). So every day, including Saturdays, that is NOT a federal holiday. So, if the Closing Date is say 06/24/25 then the CD must given to the Buyer by the end of the day on 06/20. BUT if the Closing Date is say 06/23/25 then the third day before this is 06/19, Juneteenth, which is a Federal holiday and thus the date would go back another day to 06/18/2025.

Paragraph 5(b) is what we in Florida fear with the so called hurricane extension but it could be any “act of god.” Basically, if one can not get insurance, as the insurers are not writing new policies with a hurricane so close. Or, the court house or the Closing Agent offices are closed then the Closing gets extended under STANDARD G which reads, in part: “All time periods affected by the Force Majeure event, including Closing Date, will be extended a reasonable time up to 7 days after the Force Majeure event no longer prevents performance under this Contract; provided, however, if such Force Majeure event continues to prevent performance under this Contract more than 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract.”