not following through with sale obligations

[weewillow]

I live in Wi/land use sale in south dakota, I bought 4 lots with a historical house on it 4 yrs ago.Part of the sale agreement was I was suppose to be taken off of the residential land covenants and only be under the cities rules which included that I could have a business .I was planning on having a business on it.That is why I bought the land.

Due to health issues of a parent I had to stay in Wi (land is in Sd) She died last year.I went out to Sd this yr ( mth ago)on business and proceeded to go over my papers on the land and stopped at the local title co.I found out the sellers never made the change on my property and I am presently under the suburb covenant rules.

I wrote to the sellers and told them they needed to change the rules as per our sale agreement. They wrote back and said they have no memory of that and have no papers proving it. I proceeded to send them a copy of the written sale agreement which states what they were suppose to do with all our signatures. They also sent me the number of the home owners assoc and basically said , if you want to do something go through them.

I would never have bought this land if I had to go through an association.I have not heard back from them.I am not sure what to do next.I was also wondering if there is a statute of limitations that limits me from doing anything about this now. I feel ripped off , what can I do now?.What is the name of your state (only U.S. law)?

[FlyingRon]

Usually sellers don't have the authority to change the covenants by themselves. If they could there wouldn't be much point it it. You should have addressed this before closing. Actions on contracts have a six year statute of limitations in South Dakota. You need to see a lawyer about both the issue with the sellers apparent breach and also with someone who handles land use issues to either get the covenants changed or whatever permission you need to do what you intended to do.

[HomeGuru]

Originally Posted by weewillow

I live in Wi/land use sale in south dakota, I bought 4 lots with a historical house on it 4 yrs ago.Part of the sale agreement was I was suppose to be taken off of the residential land covenants and only be under the cities rules which included that I could have a business .I was planning on having a business on it.That is why I bought the land.

Due to health issues of a parent I had to stay in Wi (land is in Sd) She died last year.I went out to Sd this yr ( mth ago)on business and proceeded to go over my papers on the land and stopped at the local title co.I found out the sellers never made the change on my property and I am presently under the suburb covenant rules.

I wrote to the sellers and told them they needed to change the rules as per our sale agreement. They wrote back and said they have no memory of that and have no papers proving it. I proceeded to send them a copy of the written sale agreement which states what they were suppose to do with all our signatures. They also sent me the number of the home owners assoc and basically said , if you want to do something go through them.

I would never have bought this land if I had to go through an association.I have not heard back from them.I am not sure what to do next.I was also wondering if there is a statute of limitations that limits me from doing anything about this now. I feel ripped off , what can I do now?.What is the name of your state (only U.S. law)?

**A: it appears that you are stuck since HOA CC&R's cannot be changed by individual lot owners undless specifically noted in the recorded HOA docs as a provision.

[weewillow]

I talked to the orig sellers last week. They originally set up the land use in conjunction with the city.The city told me also because they orig filled the papers, set up the subdivision etc. they would be the ones to change it. The seller told me he was talking to the subdivision home owners association and he felt comfortable they would be able to get the ruling passed by 2/3 vote. Are you telling me this is not true? Thanks

[HomeGuru]

Originally Posted by weewillow

I talked to the orig sellers last week. They originally set up the land use in conjunction with the city.The city told me also because they orig filled the papers, set up the subdivision etc. they would be the ones to change it. The seller told me he was talking to the subdivision home owners association and he felt comfortable they would be able to get the ruling passed by 2/3 vote. Are you telling me this is not true? Thanks

**A: what's not true?

[nextwife]

Originally Posted by weewillow

I talked to the orig sellers last week. They originally set up the land use in conjunction with the city.The city told me also because they orig filled the papers, set up the subdivision etc. they would be the ones to change it. The seller told me he was talking to the subdivision home owners association and he felt comfortable they would be able to get the ruling passed by 2/3 vote. Are you telling me this is not true? Thanks

All parties that bought in reliance on those covenants must agree to any change. If I buy a lot and build a house in a residential CC&R land division, I have the right to expect those CC&Rs to continuously apply to all land covered. A seller cannot just come back long after the lots were sold and developed and change one lot against the wishes of the other lot owners. It really depends on the exact language of the CC&Rs and what the other owners are WILLING to do.

Did the title company actually represent that this change merely required action by the seller?