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Our DRB is now attempting to force homeowners to buy

Customer Question
Second opinion] Our DRB...

Second opinion] Our DRB is now attempting to force homeowners to buy specific product from specific mfrs. as it relates to repairs on a home. Is this legal or is something fishing going on?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Carolina, specifically Horry County

Lawyer's Assistant: Has any paperwork been filed?

Not that I know of. They simply decided to amend the Architectural Guidelines to include this new item.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's it.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 2 hours by:
10/14/2017
Real Estate Lawyer: Ray, Lawyer replied 9 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,147
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 9 months ago

Unfortunately here, it is not against the law to have a DRB require that products be bought from a certain manufacturer. It is possible that the DRB may want to seek to require that the entire area remain uniform in what equipment it uses. Understand here that the association is also not mandated here to utilize a specific manufacturer . Now if the manufacturer is receiving a kickback or has a member that is on the DRB who will be receiving under the table benefits, then the person who is benefitting must disclose it to the the DRB and the HOA because this would be a conflict of interests since they would be receiving money from this deal. Accordingly, it is not illegal, but it has to be for a general purpose and not to benefit one or several members of the DRB.

I appreciate the chance to help you tonight.Thanks again.

Thanks for rating 5 stars.

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