by chemman on November 14th, 2006

chemman

Question

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I recently purchased a house in NC. The seller disclosed there are no restrictive covenants on the property. After moving in, we found out there are indeed restrictive covenants that affect how I wanted to use the property, what is my legal recourse?

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  • by poseypat on November 16th, 2006

    poseypat

    Talk to an attorney. If the covenants were concealed from you, you might have a case. However, it is truly up to the buyer to find out as much as possible about the use and restrictions on property before they buy it. A title search should have shown these covenants. There are several issues here: do you have this in writing? Most courts will say that verbal means nothing. Did you have a purchase agreement or contract? What does that say? Was this listed through a licensed real estate agent and what did the listing say? This is one of those times that you should gather your papers and talk to a lawyer.

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Title insurance didn t find restrictive covenants