Sellers fight presale inspection law

Law of the Land
Published on Jan 20, 2010

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by CareyBot

Calumet City, Ill., passed a point-of-sale ordinance prohibiting a home from being sold until it has been inspected to determine whether it complies with city building codes. Several homeowners were prevented or delayed from selling their homes by the mandatory inspection. They all filed suit against the city, arguing that the ordinance violated the due process clause of the 14th Amendment, which prohibits governmental agencies from "depriv[ing] a person of property without due process of law."

All cases were dismissed at the trial court level on grounds that the homeowners had no claim.