Inspiration and education are synonymous with the HGTV brand. They are, after all, the most beloved source of style and know-how for people who want to make their space something truly special. But, when their annual HGTV Dream Home Giveaway encountered a few legal setbacks earlier this year in St. Augustine, it gave fans of the network an unintended lesson in the legalities of building and closing on your dream home. Local attorneys at St. Johns Law Group, having extensive experience with land development, entitlements and real estate transactions, stepped in to help resolve the issues and deliver a smooth real estate closing on what will be always known as one of the most infamous home sales in St. Augustine, FL. So, what exactly happened at the 2024 HGTV Dream Home that caused the riff raff? Well, rip rap actually.
During a routine inspection by the City of St. Augustine building department, it was discovered that erosion control in the form of rip rap was installed, pushing the property into the conservation area on the land without the proper approval. When the red flag was raised, announcing the winner was delayed and that’s when Warner Brothers made the call to seek local, legal help. St. Johns Law Group worked with local wetland scientist, Ryan Carter of Carter Environmental Services, the Army Corps of Engineers, St. Johns River Water Management District and the City’s Planning and Zoning Board to resolve the issue. Of his part in the process, Doug Burnett, owner of SJLG calls it a career highlight, but also a unique opportunity to point out just how complicated building and buying can be for homeowners. During any build process there are a myriad of opportunities for mistakes to be made that cause legal issues, but most importantly squash a dream. Doug explains “For instance, without taking into consideration lot coverage, a buyer may assume they can expand an existing home footprint with an addition or swimming pool, but these additions can result in the allowable floor area ratio to be exceeded.”
The history of the property can reveal unexpected skeletons in the closet as well. There are numerous examples where real estate closings have encountered open permits, liens, boundary inconsistencies, unknown easements, or even development rights issues. “We recently encountered an outstanding city code enforcement lien regarding window replacement in a historic district, which we were able to resolve during the closing process.” explains Doug. “It comes down to knowing the law, but also knowing what to look out for on behalf of property owners and being able to execute the proper processes to seek variations or corrections.” Key takeaway: this could happen to anyone, which is why legal oversight matters. An attorney is who you will need if an issue arises, so starting and closing any real estate transaction with the oversight of an attorney will only make the process as efficient and cost-effective as possible. In July, the St. Johns Law Group team helped HGTV officially handover the keys to the Fratta Family in a grand way to officially welcome them as St. Augustine’s newest neighbor.
