Ordinances Concerning Points of Sale :  

While this type of ordinance can take several forms, the most common makes it illegal to transfer possession of real estate or lease to a new occupant without first getting the property inspected under the relevant municipal code. To obtain a certificate of occupancy authorising the proper use of the property, the property owner must complete an application, schedule and appear for an inspection of the property with a code official, pay an inspection fee, and correct or otherwise address identified violations of the municipality’s fire, zoning, building, and property maintenance codes. In this form of an ordinance, breaking the pre-sale inspection provisions is usually a misdemeanour.

Municipalities typically defend their point of sale ordinances as valuable resources for increasing the value of properties within their boundaries and ensuring that such properties, as well as the people who live there, are – and will remain – protected. Although many of these ordinances have a “judicial aspect,” municipalities rarely impose criminal penalties unless deemed appropriate to ensure compliance.

Procedure At The Position Of Sale:

You must apply the POS application before entering into a contract with a buyer if you are selling a residential property. After that, the City must schedule an inspection. Property owners are advised to have a POS inspection before putting their home on the market to allow enough time for the inspection process and to allow enough time to correct any violations. Either all breaches must be resolved before the transfer, or funds equal to 150 per cent of the estimated cost of repairs must be deposited in an escrow account maintained by the City. A POS inspection can be objected to by a property owner. In that case, the owner must then file a POS application to notify the City of his or her intent to transfer the land. The City would obtain a search warrant from the Shaker Heights Municipal Court to conduct the inspection.

Inspections at the Point of Sale:

The Point of Sale inspection is a visual inspection of a residential property’s interior and exterior required as part of the POS process before entering into a sale agreement. During the 90-minute inspection, a City inspector will conduct a thorough examination of the premises.

Enable at least two weeks for the Point of Sale Process from the date of submission and three to four weeks during the busy spring real estate season.

The seller will receive either a Certificate of Compliance or a Certification of Inspection following the Point of Sale inspection.

  • A Certificate of Compliance indicates that the property passed the point-of-sale inspection.
  • A Certificate of Inspection indicates that the inspector has found deficiencies that must be corrected and is valid for one year from the date of issuance.

The seller has 90 days to resolve the violations and schedule a re-inspection, regardless of whether the property is sold or removed from the market. The seller will collect the Certificate of Compliance if the property passes the re-inspection.