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I'm just recently under contract to purchase a home in a 55+

I'm just recently under...

I'm just recently under contract to purchase a home in a 55+ community. It was just brought to my attention that I must sign an affidavit noting that I will make this my primary home. This would be a secondary home for my wife and I to be closer to our children. This community also allows you to rent your home so this appears to be a conflict in-itself. Is this more the intent coming into the development? Can a secondary home still be considered a primary home by there definition? Looking for a workaround as this is not clear to begin with?

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

California

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 1 minute by:
1/16/2018
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,083
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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Be up front here that this is a secondary home.Advise them you will agree to 55 plus and no one under that age living there but not to this being your primary home.There was a material nondisclosure here, this was never told to you prior to signing contract.

Otherwise if they will n to work with you then you would need to sue here claiming breach of contract based on the failure to make full disclosure.

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

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 47,083
Experience: Texas Attorney for 30 years dealing in real estate
Verified
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Customer reply replied 4 months ago
Unfortunately, this language was berried in the HOA documents that were provided upon request, and once we were under contract. That's a good suggestion but they will probably point to the covenants that were provided. This is the only senior development in the general area, and a large number of residence are renting out homes. Can primary residence in an HOA development differ from the definition provided by the IRS, include second homes? If not, how long would you need to be in the home as a primary residence prior?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 116
Verified
Phone call session started

I guess they would have to prove you are claiming another residence as homestead.You can sign it and see if they do anything here, since there are others renting them out maybe they don't enforce them.

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Ray
Ray
Ray, Lawyer
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