Non-conforming Duplex
Hi, this is my first post. I'm just starting to build my REI portfolio, and have had an offer on a duplex accepted. After the offer was accepted my realtor informed me the unit is a non-conforming duplex. I'm pretty sure the zoning here is single family.
Am I risking a zoning violation by purchasing this property and renting it as a bona-fide duplex?
Are there any creative ways to couch it as a SFR with a mother-in-law apt that is rented separately?
Any potential financing problems with a non-conf duplex?
Thanks for any advice or info.
Cheers,
Chris
Yes, you're at risk. Whether you'll have problems depends on how aggressive the city is. A good realtor would have a clause in the offer for something like that - check your documents. I bought a zoned 3-plex which had been converted to a 4-plex. I made my offer based on the cash flow from 3 units and purchase contingent on the 4th tenant being evicted.
I think you should investigate in what respect the property is non-conforming, as this could mean aspects other than just use (eg, lot size, min. frontage, etc). In any event, if the property is legally non-conforming as to use (duplex), that could simply mean that it can be used as a duplex because that use was grandfathered for that property. I suggest you contact the zoning officer.