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Tag Archives: buyer

CCR’s, Restrictions and …

 HOA’s, Deeds, Rights of Way, CCR’s, Easements and Other Restrictions on Your Property

Understanding that Property Rights Are Not Always, Exclusively, Yours

While your home may be you castle, you likely share that privilege, at least in part, with a variety of other interested parties, from access, to rules and regulations, restrictions and outright prohibitions. In addition to local, county or parish, state and federal laws, there are also zoning laws that place limitations on what you can do with your property, as well as when and how.

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Lifting the HOA Veil

In real estate sales, sellers are required to disclose any material fact that any prudent buyer would want to know before completing a purchase. Property located over a toxic waste dump would be an obvious example of disclosure and the need for it. There are less catastrophic issues, like roof condition or a leaking crawlspace but the idea is the same.
 
Anything that could negatively impact the value or marketability of the property needs to be divulged before closing. While there are usually statutory disclosure requirements of single family house sellers, these same disclosures are generally not required of homeowner association home sellers. This is a huge problem and here’s why:

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