QUESTION

Can you apply for a hardship variance prior to owning the property?

Asked on Nov 30th, 2013 on Zoning, Planning and Land Use - New Jersey
More details to this question:
Single family home in foreclosure. Prospective buyer is asking for a hardship variance due to an undersized lot. Not sure what the hardship is if you do not own. Will the planning board be giving a speculative buyer an unfair advantage if approved?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
A buyer can make application for a variance and the purchase can be contingent on obtaining the variance.  The potential buyer will still have to meet the applicable criteria, and if the variance is denied, can get out of the purchase contract. 
Answered on Nov 30th, 2013 at 8:57 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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