How is Your Property
Realtors beware! Here in the Texas bay area there are many cities in the Galveston and Brazoria Counties that have imposed zoning.
Each zone will describe what can be constructed in that zoned area. It may be a Single Family Residence or Commercial property and maybe even Industrial.
Recently, a Realtor listed a 1 acre undeveloped property and noted in the MLS property description identifying all the big commercial properties it was near to. By reading the MLS property description it appeared that the property would be a great commercial property to purchase with many possibilities. The sellers Realtor had not noted anywhere in the MLS description that the property was zoned commercial.
Out of state buyers purchased the property and approached the city to permit the new house plans they were constructing there. The city permit clerk told the buyer that they could not build a home on that property as it was zoned commercial. The buyer was in shock. She had just spent $68,000.00 on one acre of land. She wanted to know how this could be, there were a few other homes in the area. She was told they were already there when zoning was imposed and they were non-conforming structures.
The Realtor fight was on! Neither of the Realtors knew that the city was a zoned city. They called and claimed the city was at fault. The city in turn told them the Realtors had not done their due diligence. The Realtors claimed the county appraisal district noted it was zoned residential. It was a shocker to both Realtors that the appraisal districts tax properties on their use and do not make it their business to note how each city zones a property.
I am waiting to see who wins this court case.