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When I bought this property, the seller did not disclose any…

Customer Question
When I bought this...

When I bought this property, the seller did not disclose any covenants, restrictions or codes. In fact, the disclousure statement says 'no' covenants, associations or restrictions existed. Both realtors checked with the county and no HOA was listed or filed. Now I am completing the construction and a Homeowner's Association has informed me by their attorney to cease construction and remove existing structure which is 95% complete. They say if they let me in, in the future their covenants will be non inforceable. No associations nor restrictions nor codes were registered at the county. A 'plat' now exists that says 'no single or double wide mobile' homes. Mine is a manufactured home on a block foundation without wheels or axils and cannot be moved. the comp evaluation of the property is over $250,000.What do I do?

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

Georgia, Banks County

Lawyer's Assistant: Has any paperwork been filed?

By the Association? No. Only a letter from their attorney ordering me to stop construction.

Submitted: 4 months ago.Category: Real Estate Law
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11/27/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. This is a bit of an odd situation 'however, I have reason to believe that what these people are doing is possibly engaging in fraudulent activity against you. You may want to consider just writing a cease and desist letter if they have no legal authority to require you to do this. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

If it turns out that there actually is some zoning or HOA issues that are affecting your property, then you may have a cause of action against the seller. Baically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled.

What other questions did you have for me today?

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