Legal Question in Construction Law in Florida

Unlicensed Builder

I have mistakenly built a home myself thinking I could then sell it, but have learned that I can not sell it or rent it out because I built it without a builders license. I have to live in it myself or leave it sit empty. Now what?


Asked on 3/18/02, 11:42 am

1 Answer from Attorneys

Frank Reilly Reilly Roche LLP

Re: Unlicensed Builder

Seems like you are in quite a difficult situation. Under Florida law, you clearly cannot build houses for sale to the public without a license. There is an exemption for homeowners that allows them to build for themselves. This exemption does not appear to apply in your case. You may want to read over your permit application again. It should clearly disclose your rights and obligations under the law.

If you try to sell the property within a year of completing the work, the law will presume that you built it for sale, which in your case is true. However, it is also possible that you could get yourself in a lot of trouble even after the one year time period has expired. Simply put, waiting with an empty house for a year may not solve any of your problems.

Unfortunately, all of you options appear to be expensive and time consuming. Under the circumstances, it may be best to hire an attorney to represent you in negotiations with the appropriate authorities. I do not recommend that you try to handle this on your own.

I wish I could offer you some "self-help" suggestions, but I really don't have any for you. If you want this thing fixed, you need to speak with a lawyer. Best of luck to you.

FRANK V. REILLY, P.A.

Frank V. Reilly

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Answered on 3/18/02, 5:17 pm


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