Buying and Selling Residential Properties
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The forms and disclosures required when buying and selling residential properties in Miami-Dade County.
- Sellers of residential properties in unincorporated Miami-Dade County are required to disclose information relating to illegal construction and outstanding code violations to prospective buyers at the time they enter into a contract for purchase of a residential property.
The disclosure must be included either in the contract for sale and purchase of the residential property or an addendum to the contract, provided that the addendum is executed on the same date as the contract for sale and purchase. In addition, the disclosure must be signed and dated by the prospective buyer upon receipt.
The disclosure must state as follows:
“Many home inspections do not check for illegal construction or outstanding building or zoning code violations. You should have an inspection conducted to check for these issues before entering into a contract to purchase residential property. If illegal construction or outstanding code violations are identified after you purchase the property, you may be responsible for addressing such issues at your own expense.”
It is possible for a property to have been modified, added on to or have had construction done without permits but has yet to be found in violation, as an inspection by the County may have not been requested, made or consented to. Prospective buyers must understand that when they assume ownership of a property, they are responsible for correcting illegal construction and its resulting fines should the Code Compliance Division identify such a violation through a complaint, inspection or by other means. It is ultimately the buyer’s responsibility to hire a professional, such as an architect, engineer or contractor, if needed, to confirm if there are any outstanding issues on a property. - Sellers of properties in Miami-Dade County are required to disclose information relating to the presence of septic tank systems before a contract for purchase of a property is executed.The disclosure must be signed and dated by the purchaser, and must state as follows:Septic tank system disclosure: Land involved in this transaction has a septic tank system installed on it or is serviced by a septic tank system. Septic tank systems may be subject to local, state, and federal regulations. Improperly maintained septic tank systems may pose substantial risks to human health and the environment. It is recommended that the purchaser of this land consider obtaining an inspection of the septic tank system by a qualified professional.The seller must also ensure that the following statement is provided to the buyer, who must sign, notarize and record it with the Clerk of the Court:I hereby certify that I have read, understood, and signed the septic tank system disclosure statement for the conveyance of this real property, as required by section 21-49.1 of the code of Miami-Dade county, Florida.
- It is a requirement of the Miami-Dade County Code that any purchase of improved real estate in a Special Flood Hazard or Coastal High Hazard Area (also known as Flood Zones) include a full disclosure to the buyer that the property lies in either of those zones. If the structure is substantially damaged or improved, it may, among other things, be required to be raised to the current required flood elevation.
The seller must include the following disclosure in the contract or a rider to the contract, in not less than 10-point bold face type:
"This home or structure is located in a Special Flood Hazard/Coastal High Hazard area. If this home or structure is below the applicable flood elevation level and is substantially damaged or substantially improved, as defined in chapter 11c of the metropolitan Miami-Dade County Code, it may, among other things, be required to be raised to the applicable flood elevation level."
- Please use the Flood Zone Disclosure form
- Sellers of properties in Miami-Dade County are required to disclose information relating to agricultural lands.The disclosure must be signed and dated by the purchaser. The disclosure must state as follows:Land involved in this transaction is zoned Agricultural (AU) or lies adjacent to land that is zoned AU, or is designated for agricultural use by the Miami-Dade County Comprehensive Development Master Plan (CDMP), or is subject to AU regulations. Agricultural activities which may be lawfully conducted within this area include but may not be limited to cultivation and harvesting of crops; processing and packing of fruit and vegetables; breeding of livestock and poultry; operation of irrigation pumps and other machinery; ground or aerial seeding or spraying; application of chemical fertilizers, conditioners, pesticides and herbicides; generation of tractor and truck traffic and of noise, odors, dust and fumes associated with the conduct of the foregoing activities; and the employment and use of agricultural labor. Such agricultural activities may be protected from nuisance suits by the "Florida Right to Farm Act," Section 823.14, Florida Statutes.Read the County Code for additional required disclosures for agricultural lands.
The Department offers the following services for obtaining permitting and code compliance information on properties in unincorporated Miami-Dade.
Lien records search: this service provides enforcement research of real property within unincorporated Miami-Dade County that is limited to the following information:
- Unsafe Structures violations
- Work Without Permit violations
- Expired Permit violations
- Minimum Housing violations
- Neighborhood violations
- Liens recorded for above violations
- Contractor Licenses Liens
- Environmental Resources Management enforcement violations
This service costs $250 per folio or address and includes a letter from the Department listing all violations on the property. To request a lien records search, email this form to LSPIC@miamidade.gov. Payment must accompany the application in the form of a check made payable to Miami-Dade County, or you may pay online. Once payment is complete, the process number for your request can be provided by contacting the same email address.
Open permits search: To request an open permit search, email RER-SPA@miamidade.gov and include both the address and folio number. There is a fee of $43.75 per address or folio. You will receive confirmation from the Department that the search was performed and the results of the search.
These are online search tools that may help you in conducting a search of permitting and code violations.
- Search for recorded liens or Notice of Violation against a property
- Search for citations issued against a property by folio or address
- Search for work without a building permit, expired permit or unsafe structures violations
- Search for zoning violations and overgrowth and junk and trash violations
- Search for building permits, building permit applications submitted and inspection history
- Request an appointment for microfilm and plans library or view images online
- Property search
Regulatory and Economic Resources
Lourdes M. GomezDirector
Stephen P. Clark Center
111 NW 1st Street,
11th Floor
Miami, FL 33128
305-375-2877 | RERInfo@miamidade.gov
