Can the developer, through restrictive covenants or sales contracts, control my choice of builder or real estate agent?
Not in most cases. However, a developer may lawfully refuse to sell directly to you and instead require you to purchase a lot and home from a particular builder. As to real estate agents, a developer may include the agent's commission in the home's purchase price.
Related Articles
What are Covenants and Restrictions?
Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses. They are similar in effect to equitable servitudes, but restrictive covenants run with the land because the restrictions are contained in ...
Don't my constitutional rights to freedom of speech, freedom of religion and the enjoyment of my property prevail over the restrictive covenants or the powers of the association?
Not in all cases. If you choose to purchase a restricted property, you agree to abide by the restrictions. Display of signs, flags or banners, certain uses of the property, storage of personal property (e.g., boats, RV's, etc.), keeping of animals, ...
I need to find out who my builder is for my home?
We understand there comes a time when you want to know who built your home, but you have no idea where to start. Below is some information to help guide you. 1) Take a trip to your county recorder’s office. (They maintain public records and documents ...
What can I as an owner do if the association is not performing its duties or if other owners violate restrictive covenants or bylaws?
Your remedy is to sue the association and/or the offending property owners in court for an order compelling them to abide by all lawful covenants and bylaws. But remember, these are private rights of action that you must assert on your own. No ...
I want a copy of the Declaration of Covenants, Conditions & Restrictions, Bylaws and any other rules of the association. Where can I get these?
CLOSING AGENTS/REALTORS: These must be ordered from our website at www.CommunityAssociationManagement.com by clicking on the "Realtors, Appraisers, Agents, Lenders & Insurance Documents" link. HOMEOWNERS: These documents may be downloaded from your ...