Bought a commercial property and cannot get an occupancy permit to operate a business.

Clinton, MD Viewed 27 times. Posted 2 months ago in Real Estate

Bought a commercial property and cannot get an occupancy permit to operate a business because the office condo is over the limit for parking spaces for the unit. This was not disclosed to me when purchasing. Now I'm stuck with a space I cannot lease or sell because of this. What type of legal action do I have against the condo association or the real estate agent that sold it? I'm being billed each month for condo fees and cannot afford them because I'm not able to make any money from my investment. I could run a business but would do it illegally and risk being fined if caught. My mortgage company is ready to foreclose on the space and I would lose a substantial down-payment.

Answers (2)

Andrew Daniel Myers

This attorney is licensed in Massachusetts and 1 other state. Posted 2 months ago.

In almost every city or town in America there is one, or maybe two, land use guru who knows the intricacies of the zoning, planning, building and other local land use regulations in that city or town. Find that person in Clinton, MD and if you can't find them keep looking until you do. HIre them to get you out of this mess. These things are so local that you have to find someone there to steer you out.

Realtors generally don't face liability because their codes, generally, only require that they disclose that which they know, possibly, should have known.

You may have an issue with the condo folks if they allowed a unit that was defective by definition to be sold, but again, this requires local expertise.

David L Friend

This attorney is licensed in Maryland and 1 other state. Posted 12 days ago.

You will not have a cause of action against the condo association. The real estate agent's culpability would depend on his knowledge. However, this is a commerical property. The rule of 'caveat emptor' still applies. In deciding to purchase the condo, issues such as parking, utilities and any other ability to use the property in the matter you wished to should have been reviewed and addressed.

The best alternative for you at this point is to find a local attorney who has experience in the zoning issues for Clinton and contact the local planning board to seek a variance for the parking issues, if available.

Otherwise, this is an expensive lesson that you have to check everything concerning commercial property before purchasing the property.