HELP!! Breach of Real Property Contract??

[KRunkles]

Hi - hope you can help somehow. Maybe there are even some sort of attorneys that don't collect til they win - like personal injury lawyers...We bought a home in April. The main prerequisite was that there be NO HOA/covenants/restrictions on the property. We found, through a realtor contract, our dream house that fit the bill (our 8 year old son races mini-bikes and we need him to practice in our acreage). After living in the house three months, the neighbors surrounding us tell us we are in violation of the restrictions...WHAT? After digging, there ARE restrictions, AFTER we were assurred verbally by realtor as well as NOTHING in our contract that said restrictions as well as a disclosure by the previous owners and their realtor that there were NO restritions. Now we have a heartbroken child and our dream house is a complete letdown. We just can't afford an attorney and paid our last dime for this home on a few acres to accomodate our child's and our needs. What can we do?? I hope someone can help.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by KRunkles:
Hi - hope you can help somehow. Maybe there are even some sort of attorneys that don't collect til they win - like personal injury lawyers...We bought a home in April. The main prerequisite was that there be NO HOA/covenants/restrictions on the property. We found, through a realtor contract, our dream house that fit the bill (our 8 year old son races mini-bikes and we need him to practice in our acreage). After living in the house three months, the neighbors surrounding us tell us we are in violation of the restrictions...WHAT? After digging, there ARE restrictions, AFTER we were assurred verbally by realtor as well as NOTHING in our contract that said restrictions as well as a disclosure by the previous owners and their realtor that there were NO restritions. Now we have a heartbroken child and our dream house is a complete letdown. We just can't afford an attorney and paid our last dime for this home on a few acres to accomodate our child's and our needs. What can we do?? I hope someone can help.<HR></BLOCKQUOTE>

You should not have taken the Realtors, Sellers or anyones elses verbal confirmation. You should have asked for all documentation in writing and hired an attorney to review the title report, all documentation and corresponded with the association, zoning board etc. In addition, your stipulation should have been expressly writtten into the purchase contract as a condition of the sale.
And you should have called and wrote to the Association to find out the exact restrictions prior to closing.
Now you must still complete these tasks but after the fact. The Seller and Realtor(s) have liability as they failed to disclose the truth, failed to investigate properly and your Realtor breached the client standard of care. File a complaint with the real estate license board and the local Board of Realtors.

[This message has been edited by HomeGuru (edited July 19, 2000).]