Cadillac, MI asked in Land Use & Zoning for Michigan

Q: Is listing a home for sale as residential but is actually on commercially zoned property illegal?

Home was (and is now again) listed on and as residential property; my son put in an offer and paid for inspection and appraisal. A closing date was set. The lender called 2 days before closing and advised that the structure was actually on commercially zoned property and only the back portion of the land was zoned residential. The lender would not go forward with the mortgage. My son is out all of the money and since had a closing date had already put in notice at his apartment complex to move. Had he known it was commercially zoned, and had someone explained what this meant in terms of the ability to get a mortgage, he likely would NOT have paid to put in the offer at all. The seller or realtor re-listed the home for sale 3 days before closing and my son did not know this either. The listing real estate agent has the property listed on her website as "single-family detached".

If a structure sits on commercially zoned property, doesnt that have to be disclosed?

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Did your son use a realtor? I'm not sure the listing agent has any responsibility to your son. This sounds more of a ethical or professional responsibility issue to address, perhaps, with the local board of realtors, than a legal issue, unfortunately.

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