Selling a House With Code Violations or Liens in Florida

How code fines turn into liens, how to find out what is recorded against a property, and how to weigh fixing it against selling as-is.

Compare Repairing vs Selling As-Is

Quick answer

A house with open code violations or liens can often still be sold, but not always, and not always simply. Liens generally have to be paid, reduced or otherwise resolved for a buyer to receive clear title, and an open violation usually has to be corrected by someone, either you before the sale or the buyer after it. The first step is finding out exactly what is recorded and what is still running, because daily fines can keep growing until the property is brought into compliance.

What a code violation is

Cities and counties adopt codes covering property maintenance, building safety and zoning. Common residential violations include overgrown lots, junk or inoperable vehicles, unsecured or unsafe structures, a pool that is not maintained or fenced, and work done without a building permit.

The process generally runs like this. An officer inspects and issues a notice describing the violation and a date to fix it. If it is not corrected, the case goes to a code enforcement board or a special magistrate, who can order compliance and impose a fine for each day the violation continues.

How a fine becomes a lien

Florida’s Local Government Code Enforcement Boards Act is Chapter 162 of the Florida Statutes. Under section 162.09:

  • Fines can be up to $250 per day for a first violation and up to $500 per day for a repeat violation. For a violation found to be irreparable or irreversible, a fine of up to $5,000 per violation can be imposed. Some larger local governments are allowed to set higher limits.
  • Once a certified copy of the order imposing the fine is recorded in the public records, it becomes a lien on the land where the violation exists and on any other real or personal property the violator owns.

That second point surprises people: a code lien from one property can cloud the title of another property owned by the same person in that county. Section 162.10 limits how long such a lien can last, up to 20 years after it is recorded unless the local government has started an action on it.

Other things that attach to a property

  • Abatement and special assessment liens. When a city mows a lot, boards up a building or demolishes an unsafe structure, it bills the owner, and the unpaid cost becomes a lien. These are often treated differently from fines and are harder to reduce.
  • Unpaid city utilities. Water, sewer, stormwater and trash balances owed to a city may follow the property.
  • Open or expired permits. A permit that was pulled and never closed is not a lien, but a buyer’s title company or lender will usually want it closed, which can mean inspections or opening up finished work.
  • Unpermitted work. Additions, enclosed garages, re-roofs and electrical or plumbing work done without a permit may need an after-the-fact permit to be legalized.
  • Property taxes and tax certificates. Unpaid taxes are collected by the county tax collector and take priority over most other claims.
  • Association liens. Unpaid HOA or condominium assessments.

Find out exactly what is recorded

Do this before you decide anything. There are two different searches, and they do not show the same things.

  • A title search covers what is recorded in the county’s official records: mortgages, judgments, recorded code liens and tax matters.
  • A municipal lien search asks the city or county directly about things that may not be recorded yet: open code cases, fines still accruing, unpaid utilities, special assessments and open permits.

Each local government handles lien searches its own way, some online and some through an outside vendor. Our local guides link to the right office for Orlando, Winter Park, Casselberry, Altamonte Springs and Sanford.

Can the amount be reduced?

Often, but it is never automatic and it is the local government’s decision. Many cities and counties will consider reducing accumulated fines once the property has been brought into compliance, usually through a written application to the board, the special magistrate or a staff committee. Some run amnesty programs for a limited time. Abatement costs, utility balances and tax liens are usually excluded from reductions. Ask the code enforcement office what its process is, and get any agreed reduction in writing before relying on it.

Be wary of anyone who tells you every lien simply gets wiped out at closing. Liens are paid, negotiated or released. They are not ignored.

Repair first, or sell as-is?

Fix it, then sell

Good when the violation is inexpensive to cure and the fines are small or reducible. Curing stops the daily fine and opens the house to financed buyers.

Tradeoffs: you pay for the work, permits and inspections up front, and wait for sign-off.

Sell as-is

Good when the work is extensive, needs permits you cannot fund, or you do not live nearby. The buyer takes on the repairs and the compliance process.

Tradeoffs: the price reflects the cost and risk the buyer is taking on, and recorded liens still have to be resolved from the proceeds or by agreement with the city.

To compare, add up the cost of the repairs, the permit fees, the fines that would accrue while the work is done, and the months of taxes, insurance and utilities. Then set that against the difference in price. The cash sale vs traditional sale calculator has fields for repairs and monthly holding costs, so you can see both results side by side.

Official resources

Related guides

Get a no-obligation offer

Start with the property address. We aim to respond within 24 hours, and nothing here commits you to selling.

Step 1 of 2

No obligation · Sell as-is · Choose your closing date

This guide is general information, not legal advice. Fine amounts, lien priority and reduction programs vary by city and county and change over time. Confirm the details with the local code enforcement office or a Florida real estate attorney.