Has anyone had issues with a multi-family not being zoned correctly?

[John Hanley]

I have been looking at some 6 unit properties in MA and NH and I am finding that they might be listed as a 6 unit but after doing research I find that it is zoned as a 5 unit. All of the units appear to be up to code so I'm not sure why they aren't officially listed as a 6 unit.
Does anyone have any suggestions on what to do when dealing with these types of issues.

[Jon Holdman]

If the seller's concerned, you certainly should be. Don't let his problem become yours. If someone is offering a property for sale I have ZERO qualms about calling the building department, zoning/planning commission, or any other agency to verify the information they're providing. Call and be specific about the address in question. If you beat around the bush and get an answer that turns out to be wrong, you'll be the one stuck with a problem.

If the seller insists you do not call, assume the property is not in compliance and that you will have to either try to get a variance or convert the property to a five unit building. At a guess, I'd say you have a basement unit that's not properly permitted and that may not be in compliance. Or an attic conversion, perhaps. I've seen numerous units where storage space has been converted into an extra unit. Maybe the city is OK with it, maybe not. But don't turn it into your problem without getting proper value for the risk you're taking.