Municipal Lien Search in Miami: What Buyers Need to Know

A municipal lien search checks city and county records for unpaid code fines, open or expired permits, utility balances and special assessments that a regular title search may not show. In Miami-Dade and Broward, buyers should require one from every government that covers the property before closing. Depending on the city, it costs from about $75 to more than $500 and takes anywhere from a day or two to about four weeks.

Title search vs. municipal lien search

The title company needs both. A code case that hasn't reached a recorded lien, or a permit for a roof that never got its final inspection, won't appear in the official records but can still cost a buyer money after closing.

What a lien search covers

• Code enforcement: open violations and recorded code liens, which in Florida can attach to other property the violator owns.
• Permits: open or expired building permits, unsafe structure cases and work-without-permit cases.
• Utilities: unpaid water, sewer, stormwater or solid waste charges, which in some places can become liens.
• Special assessments: charges for road, sewer or other improvements, including some approved but not yet billed.
• Taxes: many third-party reports also summarize the last few years of property taxes.

Who to ask in Miami-Dade and Broward

Each city runs its own search, and unincorporated Miami-Dade has its own. Start with the folio number from the Property Appraiser's website; in Miami-Dade, folios beginning with "01" are in the City of Miami. A property inside a city may need both a city search and a county search for county-enforced items. Examples of posted fees:

In Broward, cities such as Hollywood take requests online, and each sets its own fee. Most title companies order through lien search vendors that request every jurisdiction at once and combine the answers into one report, so you may see a single bundled charge on your closing statement. See our guide to buyer closing costs in Miami for how this fits with the rest of your costs.

Open permits and the 2019 Florida law

Open and expired permits are the most common finding on Miami lien searches, especially on older homes with additions, enclosed garages, new windows or a replaced roof. Florida's 2019 open-permit law (HB 447) helps in two ways: a local government may close a permit six years after it was issued if it finds no apparent safety hazard, and it may not penalize or deny a permit to an arm's-length buyer solely because a previous owner left a permit open.

That doesn't make open permits harmless. The work may not meet code, an insurer may ask about it and you may need the permit closed before you can pull your own permits. Florida Realtors' residential contract addresses this directly: the buyer must notify the seller of open permits or unpermitted improvements before the inspection period ends, and the seller must fix them up to the "Permit Limit" in the contract and have final inspections done at least 5 days before closing. Our guide on open permits and code violations explains how to close them.

How long it takes and when to order

1. Sellers: order a search before listing, especially on a renovated or older home. Fixing a problem before a buyer finds it is cheaper than renegotiating.
2. Buyers: make sure the title company orders it right after the contract is signed, so results arrive before your inspection period ends.
3. Allow time: unincorporated Miami-Dade can take up to four weeks. Plan around the slowest jurisdiction.
4. Keep it current: some cities treat a search as valid for only 30 days. If closing is delayed, it may need to be updated.

What buyers should require

• A lien search from every city and county office with jurisdiction, not just one.
• The building permit history, compared with what you actually see at the property. An extra bedroom with no permit is a red flag. Pair this with a home inspection.
• Clear contract terms on who pays for searches, who cures open permits, and who pays special assessments. In Florida Realtors' contract, the seller pays assessments certified, confirmed and ratified before closing; the buyer generally pays the rest.
• An HOA or condo estoppel certificate if there is an association.
• A conversation with your title agent about what the title policy does and does not cover for municipal items.

How we can help

We order lien and permit searches early on every listing and review them line by line with our buyers before the inspection period ends. Whether you are buying in Hialeah, Kendall or Homestead, we will tell you plainly what a finding means and who should fix it. Call (786) 545-9222 or start your search on our buyer page.

Frequently asked questions