Roland, thank you for the additional information. In order to hold the Realtor liable, you would first have to show that she knew that what you wanted to do, could not be done, as a result of the restrictions. If she mislead you or provided you with false information, which you lied on in buying the home, you could have a case against her. Moreover, as the buyer, you have a legal obligation to perform your due diligence to make sure the changes which you wanted to make on the home, were allowed. While I certainly understand the desire to upgrade the home, which is common, you still have an obligation to make sure it is allowed and should have obtained a copy or spoken with the seller, who could have provided you a copy of the rules as well, prior to or shortly after signing the contract. Unless the sale of the home was contingent upon your ability to upgrade it, the seller could have a legal basis to sue you for damages
. Those damages should have been stated in the sales contract, so you know what your liability and exposure is. In a situation like this, you may want to speak with the seller and ask about what type of relief they are requesting and what damages they have suffered. It may be a situation where it is more favorable to settle and walk away, rather then close on the home and be stuck with something that you do not want. At the same time, you are under no legal obligation to settle and can wait and see if the seller is going to do anything or try and keep any deposits, which are in escrow
. If so, then the matter would need to be litigated, so counsel should be obtained.
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