Fraudulent Contract?

[CornbreadII]

What is the name of your state? Alabama.

First, Thank you for any advice you are able to provide.

My wife and I purchase a newly constructed home in December of 2004. The home is in a two phase neighborhood. The first phase is about two years old. The second phase homes are less than a years old.

When we were shopping for homes we were looking for a neighborhood that would not get trashy. We found this neighborhood. We loved the homes, the location but most of all the neighborhood had a protective covenant. We were told by the real-estate agent that there was a protective covenant. She handed us a copy of the covenant. There was a large sign in the front of the subdivision that said there was a protective covenant and we signed something at closing that said the we agreed to the protective covenant. We even paid our association dews.

I just found out that there is no protective covenant in phase II of my neighborhood (we purchased in phase II). This is what I understand has happened. Phase one has a covenant. When phase II started I think the builders, one of which is the Prefect were supposed to annex phase II and file the covenant at the county courthouse. This never happened.

Now what? One of the only reasons that we bought a house in this neighborhood is because we thought we (our home/investment) would be protected. Do I call the lawyer that closed the deal and talk to him about the fraudulent contract he had me sign? Do I call the real-estate agent who represents the builder?

Thanks again for you advice.

[HomeGuru]

Did I not already respond to you?