Can I Sell My House With Open Building Violations? Rules for NYC and Florida Explained (2025 Guide)

Many homeowners only discover they have open building violations when they are already under contract to sell their property. Suddenly, the title company raises an issue, the buyer panics, and the closing gets delayed or completely blocked.

The rules for selling a home with open violations are very different in New York City and Florida. This guide breaks down exactly what happens in each state, what your options are, and how to resolve violations fast so you can close on time.

Can You Sell a House With Open Violations in NYC?

Short answer: Usually no — not without clearing the violations first.

Title companies in NYC will almost always stop a closing when they see:

• Open DOB violations
• OATH/ECB summonses
• Work-Without-a-Permit (WWP) violations
• Stop Work Orders
• Unresolved fines or penalties

Even if the buyer is willing to accept the violations, the lender typically will not. Mortgage underwriters see open DOB issues as a risk because they affect safety, legal occupancy, and the future value of the home.

Why NYC Blocks Closings Over Violations

• Open DOB violations attach to the property, not the owner
• The new owner becomes responsible immediately after closing
• Lenders and insurers refuse to take on unpermitted or unsafe work
• Some violations prevent obtaining a new Certificate of Occupancy

Because of this, NYC sellers almost always need to legalize the work, obtain an After-The-Fact permit, pass DOB inspections, and officially close out the violation before transferring title.

What About OATH/ECB Fines? Can You Sell With Those Open?

If you have unpaid OATH judgments, you may still close, but the fine must be paid at or before closing and the violation will remain until the underlying condition is corrected.

This means you may owe both:

• The penalty (fine)
• The cost of legalization

Can You Sell a House With Open Violations in Florida?

Florida is more flexible than NYC, but still dangerous for sellers.

In Florida, the most common issues blocking closings are:

• Daily fines (often $250/day)
• Active Code Enforcement liens
• Open permits
• Unpermitted additions or enclosures

Unlike NYC, some Florida buyers will accept the violations — but the lien stays on the property unless paid, and the new owner inherits the problem.

When a Florida Closing Gets Blocked

A closing will NOT proceed if:

• The city has placed a lien for unpaid fines
• A violation has escalated to enforcement
• The property was declared unsafe
• The title company requires a municipal lien search clearance

In most cases, the seller must either:

• Fix the violation before closing, OR
• Negotiate a lien reduction and pay it at closing, OR
• Place funds in escrow for future compliance

NYC vs Florida: Key Differences Sellers Must Understand

NYC

• Violations almost always stop the sale
• Legalization requires architects, engineers, DOB approvals
• OATH fines must be paid
• Buyers rarely accept open violations

Florida

• Buyers sometimes accept open violations
• Lien reduction hearings are common
• $250/day fines can accumulate fast
• Title companies require municipal lien search clearance

How Long Does It Take to Clear Violations?

Timeframes vary by city and severity of the violation, but typical ranges are:

NYC:

• Minor violations: 2–4 weeks
• Work Without Permit filings: 1–3 months
• Major legalization projects: 3–6 months or more

Florida:

• Simple corrections: a few days
• Permit-required corrections: 2–8 weeks
• Lien reduction hearings: 30–60 days

Should You Fix the Violation Before Listing the Property?

Yes — in both states, you will get:

• Higher sale prices
• Faster offers
• Less negotiation pushback
• Smoother closing timelines

Most experienced real estate agents recommend clearing violations before listing the property or at least starting the legalization process early.

Summary

• NYC almost always requires violations to be cleared before closing
• Florida allows more flexibility but liens and fines must be addressed
• Both states may delay or block closings over open violations
• Starting the legalization process early prevents contract fallout

If you’re in contract to sell and a violation has appeared, take action immediately. Violations do not go away on their own — but the sooner you begin, the faster you can close.