Selling as is · November 12, 2026 · 6 min read

Selling a house with code violations in Florida: what you must tell the buyer

Published by BIMINIO Properties, a company that buys houses for cash in Florida and Arizona.

A Miami house with faded paint, a cracked driveway and an overgrown yard on a sunny day

An unpermitted addition, a broken fence, a roof under a tarp, an overgrown yard. Any of these can bring a letter from the city or county code office. If the case is still open when you sell, Florida law sets out what you must tell the buyer and the code office.

How a code case works in Florida

Under Florida Statutes section 162.06, a code inspector who finds a violation notifies the owner and gives a reasonable time to fix it. If it is not fixed, the inspector asks the code enforcement board for a hearing. A repeat violation can go straight to a hearing. A violation that is a serious threat to health or safety can be sent to the board right away.

If the board finds the order was not followed, section 162.09 lets it fine the owner for each day the violation continues.

The fines

Case	Daily limit in section 162.09
First violation	Up to $250 a day
Repeat violation	Up to $500 a day
Violation found irreparable or irreversible	Up to $5,000 per violation
County or city of 50,000+ people with a higher-limit ordinance	Up to $1,000 a day (first), $5,000 a day (repeat), $15,000 per violation (irreparable)

The board may also add the cost of repairs the local government made. A recorded fine order becomes a lien on the property and on other property the violator owns. The fine "shall continue to accrue until the violator comes into compliance" or a judgment is entered in a suit.

Section 162.09(3) also says the lien runs in favor of the local government, and the local government may sign a satisfaction or release of the lien. Ask for that release in writing once the fine is paid or reduced, so the title company can clear it. Two more points from the same subsection: after a lien has gone unpaid for 3 months, the board can authorize the local government's attorney to foreclose on it or sue for a money judgment. A code lien may not be foreclosed on a property that is a Florida homestead.

The four steps when you sell during a case

Section 162.06(5) applies when you transfer the house between the time the first notice was served and the hearing. You must:

Tell the buyer in writing that the case exists and what it is about.
Give the buyer copies of the pleadings, notices and other papers you received in the case.
Tell the buyer in writing that the new owner will be responsible for fixing the violation and for following the orders in the case.
File a notice with the code official within 5 days after the transfer, with the new owner's name and address and copies of the disclosures.

The law says that failing to make the written disclosures before the transfer "creates a rebuttable presumption of fraud." The case is not dismissed when the house is sold, but the new owner gets a reasonable time to fix the violation before the hearing.

Have an open code case or fines on your house? A written cash offer comes within 24 hours, with the comparable sales we used. There is no cost and no obligation.

Call or text (813) 729-8998

The hearing, the order and an appeal

At the end of the hearing, section 162.07(4) says the board issues findings and an order. On a seven-member board at least four members must vote for it, and on a five-member board at least three. The order can set a date to comply and warn that a fine may follow.

A certified copy of the order may be recorded in the county records. Once recorded, it is notice to any later buyer, and its findings bind the later owner. When the violation is fixed by the date in the order, the board issues an order that confirms compliance, and that order is recorded too. Ask for a copy, because a buyer's title company will look for it.

If you disagree with the board, section 162.11 lets you appeal to the circuit court within 30 days after the order is signed. The court reviews the record from the board hearing. It does not hold a new hearing.

One more rule, from section 162.06(1)(b): an inspector may not start a case from an anonymous complaint. The person who reports a violation must give a name and address, unless the inspector believes the violation is an immediate threat to health, safety or welfare.

Fix it first, or sell as is?

Fixing first stops the daily fine and lets more buyers consider the house. It also costs money and time, and the work may need permits and inspections. The fine keeps running until the work is done.

Selling as is moves the repair to the buyer. The price is lower because the buyer pays for the work and takes on the case. Liens recorded against the house are paid from the sale at closing, so you do not pay them out of pocket first. Section 162.09(2)(c) says a board "may reduce a fine," so ask the code office about a reduction once the violation is fixed or the house is sold.

Check what you would keep with the net proceeds calculator. Our guide on selling as is covers other disclosures.

What to gather before you call a buyer

Every letter, notice and order from the code office.
The case number and the hearing date, if one is set.
Any lien recorded in the county records.
Permits, plans or contractor quotes for the fix.

How BIMINIO buys houses with violations

We buy houses as is in Tampa, Miami, Orlando and Lakeland. Our founder is a trained architect, and the repair budget behind your offer comes from a real scope of work, so the price reflects what the fix will cost. A cash offer is below full market value, and in return you make no repairs and pay no commissions.

You get a written offer within 24 hours. The title company pays recorded liens from the sale at closing, on the date you choose from 7 to 35 days out, and we pay the closing costs. See our page on code violations and liens.

Thinking about selling? BIMINIO buys houses in Florida and Arizona as is. A written offer comes within 24 hours, and you pick the closing date.

Sources

Florida Statutes (2026), section 162.06: enforcement procedure, read November 8, 2026
Florida Statutes (2026), section 162.09: administrative fines, costs of repair, liens, read November 8, 2026
Florida Statutes (2026), section 162.07: conduct of hearing, read November 8, 2026
Florida Statutes (2026), section 162.11: appeals, read November 8, 2026

Situations this helps with

Guides

This post is general information. BIMINIO does not give legal, tax or financial advice.

Questions and answers

Can I sell a house with open code violations in Florida?

Yes. Florida Statutes section 162.06(5) covers a sale while a code enforcement case is open. The seller must give the buyer written disclosures before the transfer and must file a notice with the code official within 5 days after the transfer. The case is not dismissed when the house is sold.

What must I disclose when I sell a house with a code case?

Florida Statutes section 162.06(5) requires written disclosures to the buyer: that the case exists and what it is about, copies of the pleadings, notices and other papers you received in the case, and that the new owner will be responsible for fixing the violation and following the orders in the case.

What happens if I do not disclose a code case?

Florida Statutes section 162.06(5) says that failing to make the required written disclosures before the transfer creates a rebuttable presumption of fraud. That means the law starts from the view that the seller acted with fraud, and the seller must show otherwise. Ask a lawyer about your own case.

How much are code enforcement fines in Florida?

Florida Statutes section 162.09 caps the fine at $250 a day for a first violation and $500 a day for a repeat violation. A county or city of 50,000 or more people that has adopted higher limits can set up to $1,000 a day for a first violation and $5,000 a day for a repeat.

Do code fines keep adding up after I stop living there?

Yes. Florida Statutes section 162.09(3) says a code fine continues to accrue until the violator comes into compliance or a judgment is entered in a suit, whichever comes first. Moving out does not stop it. A recorded fine order becomes a lien on the property, and the title company pays it from the sale.

Does BIMINIO buy houses with code violations?

Yes, in Tampa, Miami, Orlando and Lakeland. BIMINIO buys houses as is. Tell us what is open, and the written offer takes it into account. Recorded liens are paid from the sale at closing by the title company, on a closing date you pick from 7 to 35 days out.

Does a recorded Florida code order bind the person who buys the house?

Yes. Florida Statutes section 162.07(4) says a recorded certified copy of the order is notice to later buyers, and its findings bind later buyers, successors and assigns when the violation concerns real property. A buyer's title company will look for the order in the county records.

How do I show a Florida code violation has been fixed?

Florida Statutes section 162.07(4) says that when the order is complied with by the date in it, the board issues an order acknowledging compliance, and that order is recorded in the public records. Ask for a copy, because a buyer's title company will look for it.

How long do I have to appeal a Florida code board order?

Florida Statutes section 162.11 says an appeal to the circuit court must be filed within 30 days of the execution of the order. The court reviews the record from the board hearing and does not hold a new hearing. Ask a lawyer about the deadline in your own case.

Can a Florida code case start from an anonymous complaint?

No. Florida Statutes section 162.06(1)(b) says the person who reports a possible violation must give a name and address before a code enforcement case may start, unless the inspector believes the violation is an immediate threat to public health, safety or welfare. Ask a lawyer about your own case.